Employer didnt pay salary - advice
Employer didnt pay salary - advice
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Nersha

Original Poster:

145 posts

160 months

Tuesday 24th June 2014
quotequote all
Hi guys, wondering if someone can point me in the right direction with this.

Worked for small company from October - start of June
Salary didn't get paid at end of May
Start of June, director says to everyone I don't know when I can pay you, you might as well go home.
That week, limited company is insolvent, valuers in etc
Following week, find out that around 8 people are still working there and therefore must have been paid, customers have been retained so they clearly have cash flow.
Today find out that a larger company has bought out the company - but the 'partnership' with a very similar name. not the limited company that filed for insolvency, so I believe the debts of unpaid wages will not have been assumed

4 people are in my situation, I'd like to know the legality of the above and what I can do about it. I've contacted a no win no fee solicitor and awaiting a call back. Also went through the ACAS process and have the certificate to start employment tribunal, but would like to know this is a guaranteed win before paying the fees to start it!

Any help appreciated.

surveyor

18,689 posts

213 months

anonymous-user

83 months

Tuesday 24th June 2014
quotequote all
Take advice on whether the business has been transferred as a going concern, as if so you might have a claim under TUPE. For a simple slam dunker debt claim, the County Court has cheaper filing fees than an employment tribunal, but there is no point suing an insolvent company.