What should she do?
Discussion
My daughter has just been dumped on by her employer and I am trying to help her but as employment law is not my area I thought I would ask for any advice you might be able to give.Here is the situation.
She has been in full employment for two and a half years with a small artists management company.She has worked very hard,taken on a lot of responsibility and appeared to be well regarded by her employer.
She has just been told that the company is owed money and unless she can bring in the debts she will not be paid.Debt control is not her area of responsibility.She has also learnt that he has changed the company name and has changed the company bank accounts and may have shut down the original company without telling her. Within the past two months he has changed accountant as well as the bank account.
It looks to me like the original company has been wound up to avoid creditors and a new company formed.
From a legal perspective I think her contract would be with the original company and she has not entered into a new one.
Just so you get a flavour of the character concerned in September her employer spent 20 k on his wedding and honeymoon from the company account and he is currently on holiday in Australia. He has set up an Australian business and bank account.
I don't know if she has any recourse in law and would be greatfull for any views.
She has been in full employment for two and a half years with a small artists management company.She has worked very hard,taken on a lot of responsibility and appeared to be well regarded by her employer.
She has just been told that the company is owed money and unless she can bring in the debts she will not be paid.Debt control is not her area of responsibility.She has also learnt that he has changed the company name and has changed the company bank accounts and may have shut down the original company without telling her. Within the past two months he has changed accountant as well as the bank account.
It looks to me like the original company has been wound up to avoid creditors and a new company formed.
From a legal perspective I think her contract would be with the original company and she has not entered into a new one.
Just so you get a flavour of the character concerned in September her employer spent 20 k on his wedding and honeymoon from the company account and he is currently on holiday in Australia. He has set up an Australian business and bank account.
I don't know if she has any recourse in law and would be greatfull for any views.
From what you have described, I'd suggest she bails out sooner rather than later.
There may well be grounds for some legal recourse but to be honest, if the company has no money, then she'll unlikely see anything other than the bill from her solicitor.
That said, it is not uncommon in small businesses for staff to put on debt collecting hats. We do this sometimes but only with those who have a direct relationship with the clients - "any chance you can have a word with Acme Ltd - they're 60 days over...." - that type of thing.
There may well be grounds for some legal recourse but to be honest, if the company has no money, then she'll unlikely see anything other than the bill from her solicitor.
That said, it is not uncommon in small businesses for staff to put on debt collecting hats. We do this sometimes but only with those who have a direct relationship with the clients - "any chance you can have a word with Acme Ltd - they're 60 days over...." - that type of thing.
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