Tiesto
Member
Registered: 6th Jun 02
Location: Hinckley, Leicestershire
User status: Offline
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Company has now gone into full administration, but our director want's to buy out our office and keep it running. Not been paid nigh on 7 weeks now.
Problem is if I join his new company I lose out on any redundancy pay, which turns out to be 2k as have worked here 6 years.
Question is when there is a takeover can an employee reject the new contract and still be technically employed by the old one and made redundant by them? Which can get me redundancy pay.
I have another job lined up so 2k payout would come in very handy and help with not getting any pay for 7 weeks.
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John
Member
Registered: 30th Jun 03
User status: Offline
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2k for 6 years is nothing, I'd worry about a new job.
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Ojc
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Registered: 14th Nov 00
Location: Reading: Drives : Clio 197
User status: Offline
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quote:
Originally posted by John
2k for 6 years is nothing, I'd worry about a new job.
Same, is that just a weeks pay for each year you been there?
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Tiesto
Member
Registered: 6th Jun 02
Location: Hinckley, Leicestershire
User status: Offline
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It's 2k I wouldn't get otherwise.
As said I have another job lined up anyway after it goes under. I don't want to join the director's new office.
Redundancy pay is a maximum £380 per years service, but pay's half that if under 22 years old for any of that period, which was 1 year for me.
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deano87
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Registered: 21st Oct 06
Location: Bedfordshire Drives: Ford Fiesta
User status: Offline
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Take the £2k and run. If they haven't managed to keep the current company afloat, what's it going to be like with the new one?
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Colin
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Registered: 4th Apr 02
User status: Offline
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I'd be telling your 'job lined up' that you'll start on Monday if thats ok.
Accept the redundancy and get legal advice on those 7 weeks wages.
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Half Pint
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Registered: 25th Mar 02
User status: Offline
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great you now have £2k in yu pocket and no job ? ? ? ? ?
if tey are in administration technically they are bankrupt so why would you get any redudancy money, you are in a long line of others that need to be paid... but probably at the bottom.
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Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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Is he buying the whole/part of the company as a going concern? Or is he buying up its assets and bringing them in to another company of his own he is setting up?
If its the first then you'll effectively not be being made unemployed, you'll be due all your previous pay but other than that you'll get nothing. Rejecting the new contract wont get you anywhere either money wise. This way you'll still have the 6 years continual employment should the company get in trouble again in the future and you get made redundant.
If he is doing the latter then the previous company will have to make you redundant and he will have to employ you from new. You'll get the £6k but you'll have to agree to the new terms or not have a job. You'll also be employed as a new worker so have all the pit falls that go along with not being in that employment long.
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Tiesto
Member
Registered: 6th Jun 02
Location: Hinckley, Leicestershire
User status: Offline
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quote:
Originally posted by Half Pint
great you now have £2k in yu pocket and no job ? ? ? ? ?
if tey are in administration technically they are bankrupt so why would you get any redudancy money, you are in a long line of others that need to be paid... but probably at the bottom.
It's statutory pay from the Government......Obviously going to take a while to come through.
And I do have a job to go too (read other posts).....It was just a simple question that if the director bought out this office would I have the option of being made redundant or not. If I didn't have a job to go to then obvisouly I would forget about redundancy and work for him.
Thanks Cosmo  . He's going with the 2nd option buying up all the assets and setting up again.
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