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No contract and been told the business is closing down so my job no longer exists. What are my rights?

7 replies

collywobble · 25/03/2014 12:51

I've been working for a company for a year now. It is a new business. The investors have pulled out and the business is closing down. The business is not going bankrupt but they have told us we won't be paid on Monday for our monthly salary or any accrued holiday pay. They have never given me a formal written contract and when I have asked have said it's being written up. What are my rights and what can I do?

OP posts:
flowery · 25/03/2014 14:27

You are entitled to a week's notice. You are also entitled to accrued holiday pay and to pay for any hours you worked and for your notice period if they don't want you to work it. You could claim for unlawful deduction from wages and breach of contract. (lack of a written contract doesn't mean there isn't one).

guidance if employer is insolvent

collywobble · 25/03/2014 15:47

Thank you, apparently they are liquidating the company so no money to pay us all. No contracts and will just be able to walk away as they aren't the director of the company. We will be however be given 3 weeks pay now by one of the management who is borrowing the money to pay us but no holiday pay Sad Sad

OP posts:
NurseyWursey · 25/03/2014 15:48

Sorry you're in such a crap position :( Thanks

collywobble · 25/03/2014 20:07

Thank you I know it is pretty crap. Sad Sad Sad

OP posts:
EBearhug · 25/03/2014 22:47

No written contract. The fact you accepted a job and turn up every day and (normally) get paid every month means there is a contract, even if you don't have it in writing. They also can't ignore employment law and your legal entitlements.

collywobble · 26/03/2014 16:32

Panic over thankfully as someone else has taken over and we are being paid and new contracts have been insisted upon. Thanks for all your adviceThanks Thanks Thanks

OP posts:
flowery · 27/03/2014 11:08

Huzzah! That's great news, onwards and upwards hopefully.

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