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Hi everyone,
I feel I have gotten myself into an impossible situation and am unsure on how to proceed.
I have worked at my current employers for 7 1/2 years - a few years ago things got difficult and wages started being paid late. We are a small company and the situation was understandable, we continued working with wages getting later and later. In hindsight I should have jumped ship at this point!
It October the company went into voluntary liquidation. At this point I was owed 3 months wages. The company directory set up a new 'phoenix' company, purchased the old companies assets and transferred our employment over. I believe HMRC was the biggest debtor at this point, however I also believe rent etc was owed (for some months).
I have not received P60 or Payslips for some time either - I assume because he didn't feel he could give us a payslip without pay?!
I have now been offered another job which I wish to take. However, I am currently owed 4 months wages and am worried if i leave I will not see this as either a)he wont be interested or b) the company will go under.
I was just wondering what my options are, and had some questions
1. I believe I was TUPE'd over to the new company - there was no official notification of this but all staff were transferred and continued working in the same roles at the same location.
a) Am i correct in thinking TUPE likely applies here?
b) If I was TUPEd does the new company owe me the unpaid wages of the old company (my boss has previously claimed not, but that he would pay them as a 'gentlemens agreement'
c) If I wasn't TUPE'd, how do I stand regarding unpaid wages due? Can I claim from RPO?
2. If i leave and the company goes under, can I claim from the RPO or do I need to be in employment for this to happen?
3. Is it possible he has tried to hide debt from the liquidator in order to not appear to have been trading insolvently i.e. unpaid employee wages. I believe he may have been making payments to the landlord for debt accrued by the old Ltd company as recently as this month (company liquidated in October) based on a letter I happened to see.
Basically, I feel he (well, the company - he has a nice house, Audi, private schooling for kids etc), genuinely has no funds with which to pay me, and as such wonder whether a CCJ would be any use. I also assume this has been going on for too long for a Tribunal to be of any use.
I can't really afford to go without this money as it is a significant amount.
Many thanks in advance for any advice!
I feel I have gotten myself into an impossible situation and am unsure on how to proceed.
I have worked at my current employers for 7 1/2 years - a few years ago things got difficult and wages started being paid late. We are a small company and the situation was understandable, we continued working with wages getting later and later. In hindsight I should have jumped ship at this point!
It October the company went into voluntary liquidation. At this point I was owed 3 months wages. The company directory set up a new 'phoenix' company, purchased the old companies assets and transferred our employment over. I believe HMRC was the biggest debtor at this point, however I also believe rent etc was owed (for some months).
I have not received P60 or Payslips for some time either - I assume because he didn't feel he could give us a payslip without pay?!
I have now been offered another job which I wish to take. However, I am currently owed 4 months wages and am worried if i leave I will not see this as either a)he wont be interested or b) the company will go under.
I was just wondering what my options are, and had some questions
1. I believe I was TUPE'd over to the new company - there was no official notification of this but all staff were transferred and continued working in the same roles at the same location.
a) Am i correct in thinking TUPE likely applies here?
b) If I was TUPEd does the new company owe me the unpaid wages of the old company (my boss has previously claimed not, but that he would pay them as a 'gentlemens agreement'
c) If I wasn't TUPE'd, how do I stand regarding unpaid wages due? Can I claim from RPO?
2. If i leave and the company goes under, can I claim from the RPO or do I need to be in employment for this to happen?
3. Is it possible he has tried to hide debt from the liquidator in order to not appear to have been trading insolvently i.e. unpaid employee wages. I believe he may have been making payments to the landlord for debt accrued by the old Ltd company as recently as this month (company liquidated in October) based on a letter I happened to see.
Basically, I feel he (well, the company - he has a nice house, Audi, private schooling for kids etc), genuinely has no funds with which to pay me, and as such wonder whether a CCJ would be any use. I also assume this has been going on for too long for a Tribunal to be of any use.
I can't really afford to go without this money as it is a significant amount.
Many thanks in advance for any advice!
