Hey All
In need of some advice, tried some normal channels (solicitors etc) but with no joy without paying up front, basically my missus was with her company for just under 8 years (since college) she worked her way up to the operations manager about 3 years ago, when at the time she was promised (in writing) that her salary would be brought up to the level the job was worth (about 5k more), 3 years later (and no pay rise) the 2 directors gave out some pay rises at Xmas last year, needless to say it was just a cost of living rise. She then found out that staff members beneath her, mainly the ones the directors had taken a shine to were given more than double what she was, she then requested a meeting in which she outlined her concerns about the situation, her director became aggressive with her and she stopped the meeting.
In the 3 months after that this director then what I can only describe as bullied her (again we have proof via email print outs). Anyhow last month they were informed that the company was going to be put into liquidation and a "phoenix" company would then buy the old company (people familiar in this area will probably know of this kind of thing all the time), they were told some people would be taken over to the new company and some wouldn't, you can see where this is going, the staff weren't officially paid for march but this director gave a personal loan to the people he was bringing over to the new company, my missus not being one of them (the only one actually), she has been told to get her march salary and redundancy money (which is capped) from the government, this company is still trading and they are putting the company into liquidation on the 26th of this month, does that mean they are trading insolvently? is that illegal?
This company's clients are local councils they deal with children leaving social care, somebody informed some councils of what was going on and this bloke told all the staff still there it was my gf, which it wasn't, all in all this bloke is a crook at best I could go on, he smoked drugs with one of the kids they are meant to be looking after etc etc but is there anything she can do? is there a case for an employment tribunal?
Sorry for the essay, im kinda at my wits end with this whole situation so any sensible, objective advice is very welcome.
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why try getting something for nothing - a solicitor specialising in employment law will know where your partner stands - so it might cost you £50 for an hour of their time..............but that is why they are there,
Put it another way..........if you had come home tonight & you found that a water pipe had burst and you had water pouring out everywhere, what would you do............call a plumber & pay £50 to get it fixed or bleat about it on the internet & try to get "free" helkp whilst your house is slowly filling up with water.
You need to move quickly to get professional, paid for advice not mess about asking on here as there will soon to no entity to take to a tribunial. even now it may be too late.
Golf Addick
the point of the post was to see if anyone in this sector could advise weather it would be worth spending money on a solicitors, but as per there is always one idiot who feels the need to throw in a sarky comment. Cheers!
Try £150 - £185 an hour. You'd probably fix that pipe yourself.
I assume you've tried your household and motor insurance as most lawyers will refer you to these the minute you step in the door.
In my experience unions are at the mercy of their legal partners who will only take on cases they are sure they're going to win. It depends on so many variables and the odds are stacked against you. You will recieve threats of picking up the other side's legal costs within days of starting any action, which they will incur without a second thought, so the thought of losing everything will be enough for most people to back down.
My advice would be damage limitation - psychologically. See the CAB but don't get your hopes up and be there for her when she realises she's flogging a dead horse. Shit system, shit country.
This link shows the best employment law firms in the south east. Call one of them.
http://www.chambersandpartners.com/UK/Editorial/39079
It sounds as if your wife may be a creditor.
Like other have suggested you need to go and see an employment specialist because it's a minefield area if you don't know what your doing.
Citizens advice and ACAS may be able to help or alternitivly, ring a few local solicitors and you should be able to find one that will give you a first consultaion for free, most do these days.
Hope that helps.
Can't happen in an indutrial tribunal, fairly certain.
There is quite a lot of incorrect information on this thread already, I'm sure anything I say will just increase that, all I can say is that you really do need to seek proper legal advise, quickly.
Good luck.
The Employer picks up the Tribunal tab even if he wins as things stand. There is talk of changing that to avoid "vexatious" (I think the term used is) claims.
EDIT: I think there are very strict time limits re Tribunals, weeks rather than months, so be aware of that if you use that route.
I believe under some redundancy laws she may be entitled to free advice from a lawyer - worth checking out.
Then check your home insurance as this also often covers you.
And thirdly ignore what people are saying about constructive dismissal, it's not and it’s the hardest thing to prove anyway but weirdly something that always seems to get bandied around by people.
As Kap10 said ACAS can be useful. There is a helpline number on the "contact us" section of the home page.
But try and get the free advice first.
That's right. Constructive dismissal is where there has been a breach of contract that has made your job untenable and forced you to resign. It's a notoriously high risk strategy because you have to resign first. Redundancy is a form of dismissal, so she can make a claim to an Employment Tribunal for unfair dismissal. You have to lodge it within 3 months. The Tribunal can award costs against you but only if your action is deemed vexatious or misconceived (i.e. no real prospect of success). Neither would seem to apply in this case though.
Is violence really the answer?
i wish you all the best
cheer up golfie it may never happen
Certainly seems like she has a case, bet she is thankful at this time she has a supportive bf
And a supportive Charlton Life