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Clever people

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1 Clever people on 9/9/2013, 8:49 pm

alibabs

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If I worked for a company and I was handed a p45
But then the next day was re employed by the same company but the company had gone LTD would I be entitled to redundancy money ?

2 Re: Clever people on 9/9/2013, 9:09 pm

SP2

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Not sure about clever and my employment law knowledge is rusty... but if I remember rightly and without checking the Statutes...Yes. But only if you can prove that it is in essence the same company conducting the same business with the same order book, personnel etc. The company may argue that business considerations required them to wind down and liquidate, but if they have traceable and continuity to assets, they can be plundered for redundancies, creditors etc.

Statutory qualifying employment periods for redundancy would still apply.

If I'm honest Al, rather than do it on here, talk to a solicitors. They usually have free 15 minute consultations to judge cases (i.e whether it's worth their time) and usually a reputable firm would let you know if it's worth persisting with.

3 Re: Clever people on 9/9/2013, 9:24 pm

alibabs

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Thanks sp
The wife is on maternity leave and has been in to the shop today to haggle what hours she wants to do when she returns.


Anyway we got chatting and she just happens to mention the time when Paul (the boss)
Handed all the girls their p45
And then said don't panic your all still employed its just we have gone to a LTD company.
Well I'm no expert but I'd say they were entitled to redundancy money.

She's only just told me this
And to be honest I think they've taken the piss


Not going to chase it up (just yet) will wait and see what they offer her and if she's happy then ill leave well alone

Just wondered where she would stand

Business is business I no
But can't help feeling they have taken the piss big time

4 Re: Clever people on 9/9/2013, 9:33 pm

SP2

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alibabs wrote:Thanks sp
The wife is on maternity leave and has been in to the shop today to haggle what hours she wants to do when she returns.


Anyway we got chatting and she just happens to mention the time when Paul (the boss)
Handed all the girls their p45
And then said don't panic your all still employed its just we have gone to a LTD company.
Well I'm no expert but I'd say they were entitled to redundancy  money.

She's only just told me this
And to be honest I think they've taken the piss


Not going to chase it up (just yet) will wait and see what they offer her and if she's happy then ill leave well alone

Just wondered where she would stand

Business is business I no
But can't help feeling they have taken the piss big time
Ah Ok, that changes things. Sounds like they have altered the company status, but your wife should have continuity of employment and conditions (and hence rights) it should mean no change for her. If that is the case they are within their rights (and actually it may safeguard the business) and employees carry on as normal with no penalty. Again depending on how long she has been employed by them...(Presuming she is not on one of these horrendous "Zero hours no guaranteed work" contracts). So don't worry quite yet, I reckon it'll turn out fine.

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