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Hi
I am currently taking my ex employer to ET for unfair constructive dismissal.
The current stage is swapping evidence with respondent's solicitors (2 weeks to deadline) , My main point is proving continuous service - i started for company 1 in oct 2018 and was paid 1 weeks wages - my wages were then paid by another company for several months monthly until i was "transferred" back to company 1 on a "self employed" basis (several points here already) and then i was taken on by company 1 on PAYE.
both companies are now saying i do not meet the minimum 2 year service for the claim to go ahead so im looking for clarity regarding service - i will list key points below.
company 2 is the PSC of company 1 - 2 directors control 50% shares in both companies as shown by companies house.
both companies operate in the same industry just in different but similar ways IE design services and construction services.
both companies not only share the same directors but also the same office and yard.
The self employed period they claim i was in is infact a way to use me as a "disguised employee" my wages post deduction remained the same amount , i was paid holiday leave entitlement and 10 sick days during the claimed self employed period , nothing my end had changed from day 1 - i carried out the same tasks and was paid a monthly salary (except for my first week) from oct 2018 - feb 2021.
there are several other key points which i didnt want to post so openly however the biggest issue is proving service length which i believe i have but would like some clarity from someone that know if i would automictically be TUPE over (no new contract was signed).
many thanks
I am currently taking my ex employer to ET for unfair constructive dismissal.
The current stage is swapping evidence with respondent's solicitors (2 weeks to deadline) , My main point is proving continuous service - i started for company 1 in oct 2018 and was paid 1 weeks wages - my wages were then paid by another company for several months monthly until i was "transferred" back to company 1 on a "self employed" basis (several points here already) and then i was taken on by company 1 on PAYE.
both companies are now saying i do not meet the minimum 2 year service for the claim to go ahead so im looking for clarity regarding service - i will list key points below.
company 2 is the PSC of company 1 - 2 directors control 50% shares in both companies as shown by companies house.
both companies operate in the same industry just in different but similar ways IE design services and construction services.
both companies not only share the same directors but also the same office and yard.
The self employed period they claim i was in is infact a way to use me as a "disguised employee" my wages post deduction remained the same amount , i was paid holiday leave entitlement and 10 sick days during the claimed self employed period , nothing my end had changed from day 1 - i carried out the same tasks and was paid a monthly salary (except for my first week) from oct 2018 - feb 2021.
there are several other key points which i didnt want to post so openly however the biggest issue is proving service length which i believe i have but would like some clarity from someone that know if i would automictically be TUPE over (no new contract was signed).
many thanks
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