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Can you help? I was a director,Shareholder and employee of Status: Finished Category: UK Law Value: £21 SMS Text Alerts Asked by you on Tuesday, April 20, 2010 5:17 PM EST 2 Accepts / 1 Answered Question Can you help? I was a director,Shareholder and employee of a company which sold its good wiil to another company. I never received any redundancy and tranfered as an employee to the new company on the day of the take over. They originally said they would employee me for a minimum of 12 months but during every conversation it was pointed out of my intentions to stay on indeffinatley for three days a week. The week after the 12 months was up they told me they no longer needed me. I asked about redundancey but they never responded. I now have a Empolyment tribunal set for July, I don't know my rights or what I might be entitled to. They said why should they pay me £15,000 for working three days a week when they can pay someone else £15,000 for working a full week. I had worked for the original company for over 30 years. They made me redundant by email. My Claim is for redundancey and unfair or constructive dismissal. Optional Information: Province/Country relating to question : north yorkshire/england Already Tried: C.A.B. Expert Your Expert needs more information From Jenny MackenzieTuesday, April 20, 2010 9:11 PM EST Was your original contract for 3 days a week? I think you most probably have a good case for unfair dismissal as your contract should have transfered under TUPE. Can you also tell me what process they did take in dismissing you ? Thanks -------------------------------------------------------------------------------- Jenny M I am a Solicitor who practices employment law. I have 10 years of employment law experience and have worked in house for a local authority as well as in private practice. I am also CIPD qualified You repliedWednesday, April 21, 2010 1:06 PM EST They never gave me a contract. I always said that I would like my working week to reduce from five to three due to me needing to spend more time with my two dissabled sons and this gradually happened during the first four months of my employment with them. I signed the contract on behalve of my the old company in it its says Brian Vasey will be employed for at least 12 months, 3 days Aweek on average. I was called into a meeting with the ownners on the 8th October and despite a fellow salesmen resigining and me offering to some of his calls. One of the owners said why should we pay you £15k for working 3 days a week when we can pay someone 15k for working 5 days a week and they said my employment would end on the 10 November 2009. I hadn't heard anything so I kept asking the new manager what was happening and on the 3rd of November I received an email telling me my employment would finish on the 10th November 2009. I then handed a letter to the new manager asking about my entitlements to reddancey and wages in lieu of notice. I didn't get any response. I then poste them a recorded letter on the 19th November again with no response. Expert Your Expert needs more information From Jenny MackenzieWednesday, April 21, 2010 3:01 PM EST Your claim is for unfair dismissal. Obviously you have a claim at the Employment Tribunal which I am more than happy to help you with. Can you tell me exactly the support you want on this so that I can guide you in the way that you want. -------------------------------------------------------------------------------- Jenny M I am a Solicitor who practices employment law. I have 10 years of employment law experience and have worked in house for a local authority as well as in private practice. I am also CIPD qualified You repliedWednesday, April 21, 2010 4:22 PM EST Hi Jenny Thanks for your help. I went to the C.A.B. and they worked out that if they had paid me redundancey I would have received approximatley £12,500 and Ihave told acas this and they have put that to them and I am waiting a response. My concerns were as I was a director and shareholder and as I benifited from the sale of the company could I still claim against the new company as a employee. I had been employed since 1977 by the old company, and then for just over 12 months by the new one with no break. They are saying that I only worked for them for just over 12 months and not entitled to any redundancey. I don't know what the law is. At the end of July 2009 One of the owners said the only way I could keep my job was if I went out and brought in over £15,000 per month new business. It was agreed I would go out 2 days and remain in the wharehouse on the third because of the amount of work there was on Mondays. Despite gaining £10,000 of new business in September they still finished me. I supose the question is what amount should I be looking for to settle through ACAS or if I do go to court what are the chances of winning my case . I understand there are no guarentees of winning my case at the tribunal and all the presures of it. Once again thanks for all your help Best Regards XXXXX XXXXX Your Expert needs more information From Jenny MackenzieWednesday, April 21, 2010 5:11 PM EST With regards XXXXX XXXXX of employment, you mentioned that the new company purchased the goodwill of the old company did it purchase any other assets of the company such as stock or premises? If not what was your start and end date with the new company? Did they pay you any notice when they finished your employment and have you found other work since? -------------------------------------------------------------------------------- Jenny M I am a Solicitor who practices employment law. I have 10 years of employment law experience and have worked in house for a local authority as well as in private practice. I am also CIPD qualified You repliedWednesday, April 21, 2010 5:50 PM EST It purchased all the stock and the vans but not the property they rented the existing wharehouse for four months then moved to another warehouse in scarborough. You repliedWednesday, April 21, 2010 6:02 PM EST My start day with the new company was 08/November/2008 and finish date was 11 November 2009. They didn't pay me any notice when they finished my employment. The £15 k was made up of £10k wages and £5k into my pension fund although I entered £15k on 4.4 Of the et1 form I sent to the tribual office.They also didn'y pay my pension for the last 6 weeks I worked! I have found part time work with the NYCC I started on the 25th January 2010 and my contract is until the 31st August 2010. I also received £343.69 Job seakers money. my wage with NYCC is £795.47 gross £677.93 net a month. Hope this helps Best Regards XXXXX XXXXX You have accepted an Answer! From Jenny MackenzieThursday, April 22, 2010 1:37 PM EST Hi sorry for delay in getting back to you. You do have continuity of employment as your employment will be deemed to have transfered under TUPE. You will find a ready reckoner for the redundancy payment at www.berr.gov.uk, put in the start date as the original one. You should also claim unfair dismissal as your employer dismissed you without following a fair procedure, you are therefore entitled to claim a compensatory award on top of the 'basic' award of redundancy pay. This is a figure which equates to the economic loss you have suffered as a result of being dismissed. You do have a duty to mitigate your loss though so anything you have earnt since will be offset against your lost earnings. You also have a duty to look for employment and cannot just rely on the award. The money you were paid on the sale of your business cannot be offset against your compensation. Please press ACCEPT so that I can be paid for my time spent advising you. Once you have accepted the question I will keep this thread open and will happily give you supplementary advice for free. -------------------------------------------------------------------------------- Jenny M I am a Solicitor who practices employment law. I have 10 years of employment law experience and have worked in house for a local authority as well as in private practice. I am also CIPD qualified ACCEPTED You repliedTuesday, May 11, 2010 12:36 PM EST Hi Jenny Sorry to bother you again. Peninsula Business Services Who are representing my ex employers sent One document by the date we were to exchange documents 22nd April 2010(As stated in employment rules of procedure 2004) then after receiving my documents they sent a bundle dated the 23rd April 2010 which arrived to me on the 24th April.Can they include the second bundle in the Paginated bundle. They contacted me on my mobile today(only direct contact I have had from them to date, and agreed a date to exchange witness statements. They also said they would send me a copy of the paginated bundle. Do you have any advice for me can I tell them that the second bundle is to late to be added? Thanks again for your continued help Brian Expert You have received an Answer! From Jenny MackenzieTuesday, May 11, 2010 12:58 PM EST It is not good practice for them to have provided documents late like that, the correct process is for you to write to the employment tribunal to inform them that the employer failed to meet the deadline on exchange of documents, the likellihood is that the employment tribunal will still allow the documents to be admitted, if they fail to exchange the witness statement on time then this is more serious as they can amend their evidence on seeing yours. -------------------------------------------------------------------------------- Jenny M I am a Solicitor who practices employment law. I have 10 years of employment law experience and have worked in house for a local authority as well as in private practice. I am also CIPD qualified You repliedTuesday, May 11, 2010 1:20 PM EST Hi Jenny I have written to the employment tribunal but havn't received a reply. Thanks for the information I will let you know how I get on. Best Regards XXXXX XXXXX You have accepted an Answer! From Jenny MackenzieTuesday, May 11, 2010 2:04 PM EST Ok look forward to hearing fro you. -------------------------------------------------------------------------------- Jenny M I am a Solicitor who practices employment law. I have 10 years of employment law experience and have worked in house for a local authority as well as in private practice. I am also CIPD qualified ACCEPTED You repliedThursday, June 24, 2010 5:15 PM EST Hi Jenny Plase could you read through the witness statements and if theres any advice you have for me i would appreciate it. I have deposited a further £50 and really apreciate your help. Brian The Tribunal is due on the 8th July . The first two are from Yvs And the other 4 are mine are my 3 witnesses. Do my witnesses have to come tthe tribunalwith me? IN THE LEEDS EMPLOYMENT TRIBUNAL Case Number:(NNN) NNN-NNNN10 BETWEEN: MR B VASEY (Claimant) -v- YVS WHOLESALE LIMITED (Respondent) WITNESS STATEMENT OF MR JONATHON POWELL 1.I am Jonathan Powell. I am a minority shareholder of YVS Wholesale Ltd (hereafter referred to as "YVS"). I am the business partner of Mr Paul Simpson who is the Director of YVS, and I have been directly involved in YVS since its incorporation on 19th January 2007. 1.Although I am not involved in the day to day running of the business, Mr Simpson and I discuss key business decisions such as employment matters and borrowing money. We also both discussed potentially purchasing H. & M. Bottomley Ltd when we became aware that it was being sold. 1.I wrote to the Claimant on 5th August 2008 seeking a meeting to discuss the possibility of "merging" the two businesses, or our acquisition of H. & M. Bottomley Ltd. The Claimant was (and still is) the majority shareholder and Director of H. & M. Bottomley Ltd. He informed Mr Simpson and I that he wanted to sell the business in order to wind down and spend more time with his family. In the circumstances, this was understandable as this was a family business and the Claimant's mother (who used to have an active role in the business) had very recently died, and the Claimant was clearly in a secure financial position. H. & M. Bottomley Ltd as a business was performing moderately: sales revenue was flat, not growing, and profit margins were towards the lower end of the scale for a business of this type. It is of significance that all of the Claimant's immediate family (wife and sisters) were employees, and it was clear that employing the family was a priority. 1.Mr Simpson and I met with the Claimant numerous times from August 2008 up until the end of October 2008 to work out the details of the acquisition (bundle p17 - 18). It became immediately clear that the Claimant had no intention to sell H. & M. Bottomley Ltd as an entity. He instead wanted to get rid of its wholesale business but retain its property asset to subsequently let out and continue to make money from. Whilst this made some aspects of the transaction more complex and less attractive to us as purchasers, it was still possible to complete the transaction. 1.The Claimant was actively involved in negotiating and agreeing the terms of the purchase, and he assisted in drafting the Purchase Agreement that represented what would happen during the sale. I sent the Claimant the third version of the draft agreement on 23rd October 2008 which included what had been agreed at that stage (bundle p19). The Claimant replied on 25th October 2008 with some amendments he wished to make to the terms, including the term relating to the employees of H. & M. Bottomley Ltd (bundle p20). I was happy with these amendments and compiled the final draft of the Agreement accordingly, which can be seen at bundle p22 - 24. 1.The acquisition of the wholesale part of the business was completed on 7th November 2008. The Claimant, at his request and insistence, remained Director of H. & M. Bottomley Ltd and kept the warehouse so he could continue to make money from letting it out. Mr Simpson and I agreed that we would purchase the wholesale business from H. & M. Bottomley Ltd and we incorporated a company named Bottomley's Wholesale Ltd to do this through. Bottomley's Wholesale Ltd was set up purely to facilitate the acquisition and complete sufficient trading to conclude the agreed earn out targets. At that point, the business of Bottomley's Wholesale Ltd was merged with that of YVS Wholesale Ltd and Bottomley's Wholesale Ltd was closed and struck off. 1.As part of the negotiations it was agreed that half of the sale price would be paid on completion, along with payment for stock at valuation and some sundry assets, with the remainder of the sale price being paid on an earn out basis - i.e. on the basis that the business performed well in the period following the acquisition. 1.During the negotiations with the Claimant the issue of the existing staff was covered repeatedly and extensively. It was agreed that the existing staff, including the Claimant, could be helpful in ensuring a smooth handover of the business. It was also agreed and documented in the final draft of the agreement that the staff leaving H. & M. Bottomley Ltd would be made redundant by that firm and have redundancy paid by that firm prior to commencing in their new roles in the new company. 1.The Claimant indicated that he was willing to work with Mr Simpson and I to ensure that the handover and transition was smooth and effective. The nature of the earn out clause meant that he had good incentive to do so - up to £50,000 would be paid to H. & M. Bottomley Ltd on achievement of certain sales targets within certain timescales. In addition to wanting to be involved in contributing towards hitting these earn out targets, the Claimant indicated that he would like to work on a part-time basis in a job that did not involve all of the administration necessary with running the wholesale business on a day to day basis. This indicated to us further that the Claimant no longer wanted to be responsible for the wholesale business and this is why he had wanted to sell it. 1.Mr Simpson and I agreed with him that we would employ the Claimant for a minimum of one year on a part-time basis and the Claimant agreed that, in that period, he would carry out whatever tasks were needed to ensure the handover was completed successfully. Mr Simpson and I accepted that this was a necessary part of our acquisition and also accepted that there might be some interference in the early days to the Claimant's work patterns as he was also concentrating on letting the building owned by H. & M. Bottomley Ltd. 1.It was clear that when the Claimant began work for us his role had fundamentally changed from the role that he carried out as Director of the wholesale business of H. & M. Bottomley Ltd. Previously, as full time sole Director, he had held a lot of responsibility and had to be fully committed to the job. The Claimant chose, and indeed asked, to have a part-time role with us which understandably demanded a lot less time, work, commitment and responsibility. As we understood it, this was exactly what the Claimant wanted and this was why he had wanted to sell the business - so he could wind down and no longer have that burden. The view of Mr Simpson and I was always that the Claimant would be working for us for a 12 month period. To my knowledge the Claimant knew of this and was happy with it too. 1.I want to underline that H. & M. Bottomley Ltd remains as a trading company under the control of the Claimant who is still the major shareholder and Director. The transaction with us merely sold the customer base, goodwill, stock and assets associated with its wholesale business. As the Claimant never left the role of Director at H. & M. Bottomley Ltd, Mr Simpson and I do not know how any redundancy payment was made to him by that firm. 1.The acquired wholesale business was relocated to a new depot in Scarborough and a new manager was recruited to run the business. The Claimant was involved in assisting the new Manager with running the Scarborough warehouse until she was in a position to run it on her own. I would call in to that depot about once a week to see how things were going. It became clear within six months that we were able to make massive improvements in the efficiency and effectiveness of the processes and people employed in the operation. This is best illustrated by comparing then with now in staffing terms. At the time of the acquisition the wholesale business employed four full-time employees and three part-time employees. Right now, even though the business has grown in volume terms, it manages perfectly successfully with three full-time employees. 1.A major concern for Mr Simpson and I was the growth of the business. At the time of the acquisition, there was a full time employee in the role of Salesman, Alan Scott. However, sales as carried out by Mr Scott were not sales as defined by Mr Simpson and I. We moved to introduce a focus on generating new business and winning new customers. Mr Scott did, after a couple of months under this new focus, start to achieve some success. 1.From around March 2009, it was clear that the Claimant's work in handing over the day to day operations of the Scarborough depot were largely complete. However, he insisted that he was still required there and so we agreed that he could work from the depot on a Monday when the deliveries came in. From a business point of view, the best way for the business to continue to benefit from the Claimant's involvement was to use his local knowledge and years of experience in the trade by working in a sales role. Working alongside Mr Scott, the Claimant's role became primarily a sales role from March 2009. He was still on a part-time basis and with specific targets etc. in place at that time. It was clear that this was not a role that the Claimant relished and the level of new business generated was low. 1.In September 2009 Mr Scott resigned from his Salesman role. In discussions with him, the reason for his resignation was that he wanted to set up his own business cleaning carpets. He worked his notice period and left very amicably on 21st October 2009. Around that time I had a conversation with the Claimant about potentially replacing Mr Scott in one way or another. I pointed out that a Salesman would cost the business something like £1,500 per month to employ and that to cover those costs would need something like £15,000 per month in revenue. The Claimant offered to pick up the more important calls from Mr Scott's customer list but, given that the 12 month period from the time of the acquisition was nearly up, that did not make a lot of sense. 1.At no time did I say to the Claimant that he would have to generate £15,000 per month revenue in order to be kept on beyond the initial 12 month period. I think that there is some confusion from the conversation that I had with him discussing how I would make a decision about whether or not it was worth employing another Salesman. This did not relate to him, nor did it relate to this particular business (that decision would usually be led by Mr Simpson), but was me showing the Claimant how I would calculate the costs and, therefore, required sales needed to make a new Salesperson worthwhile. 1.I was under the impression at that time that the Claimant was making preparations to find something to do on a part-time basis in the future. I assumed that this was in some way to replace his part-time role that was expected to end around 8th November - the anniversary of the acquisition. 1.I sent an email to the Claimant on 30th September 2009 suggesting that we should meet to make his final payment (bundle p32). So, to formalise the end of the post acquisition period of employment, Mr Simpson and I met with the Claimant in early October, the 8th I think. I left the meeting with the impression that the Claimant accepted our thanks for helping with the handover, that he was pleased that all the earn out criteria had been fulfilled and that he was looking forward to a total change. I agreed with his request to write him a reference for a new role and I was under the impression that he was already involved in looking at alternative part-time roles. Everyone shook hands and the meeting ended very amicably. The Claimant gave no indication whatsoever that this came as a surprise to him or that he was disappointed in any way. 1.I had a final meeting with the Claimant in the Scarborough depot on 3rd November 2009 when it was agreed that his employment would end the following week. Again, he seemed happy with this. I sent him an email later that day thanking him for all his help and confirming in writing what we had discussed and agreed. This final week constituted his notice, and he was given the option of not working it although he would still be paid for it (bundle p34). 1.He replied to my email on 4th November 2009. Again, he did not indicate any surprise or disappointment with the fact that his employment was ending. He also did not suggest that we had made him redundant. He stated that there were customers that he needed to thank, and said that he would put a list together of items belonging to H. & M. Bottomley Ltd and indicated that he wanted to make some money from them (bundle p36). I confirm that I have never seen or received the letter dated 3rd November 2009 which appears at p35 of the bundle, and note that it is entirely inconsistent with the email received on 4th November 2009. 1.There then followed email correspondence between the Claimant and myself between 5th and 10th November 2009 in which he listed some items that he wanted us to buy from him for the sum of £750. I thought that this was too much considering the nature and condition of the items and so I did not make him an offer (bundle p37 - 38). 1.I am aware that his last day of employment was 11th November 2009 but I was not present on his last day. I did not have any more contact with the Claimant until he sent in the letter dated 19th November 2009, in which he claimed he was made redundant (bundle p39). 1.To my knowledge the Claimant always knew that his employment would not continue past November. It became apparent very soon after he sold the wholesale business out of H. & M. Bottomley Ltd to us that he would not stay on after the initial twelve months that we had agreed, and that he was happy with this. He referred to it often and I believe he was looking forward to it as he did not want to continue to work the way he had been. He had sold the wholesale business for exactly the price he hoped to achieve; he had been employed in a part-time, low pressure role for 12 months and was still Director and majority shareholder of H. & M. Bottomley Ltd that was now generating a secure rental income on its building. All in all my assessment of his situation was that he had a lot to be pleased about and was, indeed, pleased about it. 1.Receiving this claim from the Claimant was a disappointment and a total surprise. It goes against everything that was agreed in the acquisition negotiations and makes me think less of him on a personal and professional basis. To the best of my knowledge and belief the contents of this statement are true. Signed: ............................................................... Dated: ............................................................... IN THE LEEDS EMPLOYMENT TRIBUNAL Case Number:(NNN) NNN-NNNN10 BETWEEN: MR B VASEY (Claimant) -v- YVS WHOLESALE LIMITED (Respondent) WITNESS STATEMENT OF MR PAUL SIMPSON 1.I am Paul Simpson and I am the Director and majority shareholder of YVS Wholesale Ltd (hereafter referred to as "YVS"). I have worked in this capacity since the company was incorporated on 19th January 2007. YVS is a wholesaler of confectionary, snacks and drinks and the Head Office and main depot is based at Prospect Park in Easingwold, York. We have one other depot based in Scarborough and we employ eight people in total. 1.I am based at the depot in Easingwold and I oversee the daily running of the business. I am responsible for purchases, administration, banking, sales and stock purchase. I work closely with Jonathon Powell when it comes to bigger decisions concerning YVS. Mr Powell is the other shareholder in YVS and we have been business partners for approximately five years. We became aware that a company called H. & M. Bottomley Ltd was for sale as a going concern and so we entered into negotiations to buy the business. This was also a company that operated in the wholesale of confectionary and snacks. Mr Powell carried out most of the communication in this regard but I was involved every step of the way and we discussed everything together. 2.The Claimant was, and still is, the Director of H. & M. Bottomley Ltd. He did not want to sell the company as a whole because he wanted to remain a Director and to rent out the warehouse that belonged to the company to make money from that. We therefore agreed to buy only the wholesale element of the business as the Claimant wanted to get rid of that so he did not have to work as hard anymore. He therefore made some of his staff redundant and paid them their redundancy pay accordingly. This was nothing to do with YVS. 1.The Claimant was fully involved in the drafting of the purchase agreement and contributed to the terms in there. He was selling the wholesale part of the business of his own volition and the price we agreed to pay was the price he had asked for. 1.The Claimant agreed to do some work for us and we agreed that this would be for a minimum of 12 months. It is not the case that he had made us aware that he wanted to continue to work for YVS indefinitely. My understanding was that he did not want to continue in that line of work and that was why he had got rid of that part of the business, and that he wanted to wind down. 1.As part of the agreement the Claimant wanted to make sure that he would get some form of payment to represent a pension contribution from us. We arranged to pay him £416.66 a month and this was paid into his account at the beginning of every month (bundle p51). He received all the entitlements due to him when he was working, and when his employment terminated these payments stopped. He has been paid everything he was owed. 1.When the Claimant began work he said that he did not want to do payroll, administration or VAT. He worked in the warehouse in Scarborough and we asked him to help to train the warehouse manager there, Lucy, which took approximately two months. As he was in Scarborough and I was in Easingwold I did not see the Claimant regularly, although we did speak on the telephone. The Claimant continued to work in the warehouse for a further one or two months after Lucy could run it on her own, but it was becoming increasingly apparent that his time could be used more effectively in another capacity. We were happy to continue to employ him but we said to him that it would be more beneficial to the company if he did more work in sales. 1.It appeared that when the Claimant used to run the warehouse he did so with more people than were necessary, so he didn't really understand when we explained that he wasn't needed there. The Claimant said that he would have to stay in the warehouse on a Monday as that was the busiest day, but that he would do sales work on a Tuesday and Wednesday. He would travel around and talk to customers and try to get business. He secured approximately eight new customers in six months. At this point he was only working three days a week. 1.Throughout this time the Claimant would talk about how he was not going to be working for very much longer, and we would say things like "not long til you're a man of leisure" and he would laugh and tell us he was looking forward to finishing in November. He also said that he was looking for a different job as he would get bored doing nothing at all so he wanted a little part time job. I understand that the Claimant is now doing work three days a week during school term time co-ordinating activities for disabled children. 1.I did not tell the Claimant that we were going to employ a full time sales man following Alan Scott's resignation; I do not know why he has said that. I believe he may have misunderstood a conversation that he had with Mr Powell. I can confirm that we have not taken on a full time sales man. 1.I had a meeting with the Claimant and Mr Powell at the beginning of October when we discussed the fact that his employment would come to an end in November. The Claimant did not seem surprised or disappointed during this meeting. I am aware that his last day of employment was 11th November 2009 but I was not at the Scarborough depot so I did not see the Claimant. I did not hear anything more from him until we received his letter of 19th November 2009 (bundle p39). I was very surprised to receive this as we had never told the Claimant that he was being made redundant, the decision that his employment was a decision that had been reached together and I thought that it suited both parties. 1.To my knowledge the Claimant always knew that his employment would not continue past November. It became apparent very soon after he sold the wholesale business to us that he would not stay on after the initial twelve months that we had agreed, and that he was happy with this. He referred to it often and I believe he was looking forward to it as he did not want to continue to work the way he had been. He had sold his business for a good sum of money and he would use that once he stopped working. To the best of my knowledge and belief the contents of this statement are true. Signed: ............................................................... Dated: ............................................................... Statement from Alan Scott Subject: Statement from Alan Scott From: Alan Scott Date: Wed, 19 May 2010 17:50:49 +0100 To:[email protected] I was employed by H&M Bottomley Limited till November 2008 then the company was taken over by a company called YVS which retained the name Bottomleys, I enjoyed my job up to this point but then I was put under so much pressure to get more sales and open up new customers accounts which the company could not cope with as I got more orders there was not the stock to supply, so neally every order that went out had half the stock missing also I could not supply alot of the offers from the offer book called money maker. I became so unhappy that I left the company in November 2009 also I didnt have a contract of employment with YVS,while I was still there I was shocked to here from Mr Brian Vasey that he was being finished and had to show the new sales rep around his calls he also said he had not been given a proper notice and didnt no how much reduntancy payment he was going to get.another reason for being shocked was that there was not enough staff to cope with the amount of work on a day to day bases. Brian Vasey Statement May 10th 2010 I was an employee of H&M Bottomley Limited from 1977 until November 2008 when YVS bought the good will, all stock, the vans and employed all of the full time staff and rented the premises where H&M Bottomley had been trading. There was no break in employment. In discussions which took place with Jonathon and Paul before they took over the business as a going concern (Page 13(3)) they asked me what my intentions were. I said ideally I would reduce my working week down to three days a week and work for Bottomleys until I retired. During one of the discussions Paul said it would be great because at least now he would be able to have a proper holiday, something which he hadn't been able to do for the last five years, but now I would be able to run his branch while he was away. I was running the Scarborough branch for the next four months until we moved to new premises on the outskirts of Scarborough. YVS employed a new manager Lucy Hill. I trained Lucy and showed her all my duties enabling me to reduce my working week down to 3 days. This enabled me to spend much needed time helping my wife with my two seriously disabled boys. Everything seemed to be working well and trade was up despite a recession. Then in July Jonathon asked me into the office and said things weren't going as well as expected, although we were making a profit it wasn't as much as he wanted. Either Cathrin or myself would be made redundant. I asked if there was any alternative. Jonathon said unless I go out as a sales representative three days a week and bring in over £15,000 of new business a month and it then must increase on a rolling three monthly basis or I would lose my job. I pointed out that there wasn't enough staff to do all the orders on a Monday as Cathrin was now only working Wednesday to Friday. We agreed that I should go out 2 days a week starting from the next week. The following week I approached Jonathon and said I felt I was been put under a lot of pressure having to hit £15,000 and increase it on a rolling basis. Jonathon said "as long as you hit the target you will be employed for ever but on the same wage". If I wanted my wage to increase I would have to be increasing new business on a rolling basis. Cathrin was made redundant shortly after. I had been doing my best to increase business on the two days a week I was out on the road (Page 40 shows Jonathon's spread sheet). A meeting was arranged to sort out how to take the business forward in October this was primarily due to Alan, the other sales representative in Scarborough handing in his notice. I believe this was due to the ever increasing pressure and targets put upon him. He had told me he wasn't sleeping well with all the worry. I offered to take on some of Alan's calls in the local area and Tony, the representative at the Easingwold branch could take over some of Alan's calls nearer to them. Paul said that they had already got a new sales representative to take over from Alan and said "why should we pay you £15,000 for three days work when we can pay Peter the same for working five days". He then said my employment would be terminating in November, looked on the calendar and said I would be finishing on the 10th November. I was in shock. I wrote the note (page 33) on one of my order pads. Over the next three weeks I approached Lucy Hill on a number of occasions for clarification of what was happening and told her I was very upset about the situation. Early on a morning all the staff would have a drink and discuss things and during the next three weeks everybody was fully aware of my feelings and how upset I was about the situation. One of the staff said "if they can just get rid of you like this it doesn't give us much hope". I wouldn't like to ask the remaining members of staff for statements as I believe it would put them in an awkward position. Peter started the week after and Alan showed him round all his customers. The week after I showed him round my calls. This was a very upsetting experience for me and I also think this put Peter in a very awkward position. On return from my annual holiday I received a email from Jonathon. I briefly replied with a letter dated the 3rd November 2009. I didn't receive any reply so sent a registered letter dated 19th November 2009(page 39). Again I Did not get a reply. My claim is for Redundancy due to continuity of employment which was transferred and protected under TUPE. I never received a contract from YVS and as far as I am aware no one ever has. I am also claiming for unfair dismissal as YVS dismissed me without following the correct and fair procedure. I am also claiming for unpaid Pensions payments from 1st October to 11th November 2009. Signed Mr Brian Vasey Brian VaseyXXXXXScarborough North Yorkshire YOl3 ODG is/OS/2010 Dear XXXXX, I am writing to confirm, that when I began employment with YVS, I spent two days with yourself, being introduced to many of your existing customers, on the 20th and 21st of October 2009. This was a very emotional experience, as you were clearly not happy at all, and very upset at being made redundant. I mentioned your unhappiness to all members of YVS in Scarborough, along with Paul Simpson of YVS ih Easingwold. Yours sincerely XXXXX XXXXX CATHRINVASEY 14th MAY 2010 I was an employee ofYVS Wholesale Ltd until July 2009 when my position in the company was terminated for reasons I can not disclose as they are confidential. My brother Mr Brian Vasey was also an employee of the same company but his employment was terminated in November 2009 in our opinion unfairly. In July 2009 whilst I was still employed at YVSLtd Jonathon Powell, a director of YVSLtd informed Brian that although the company was making profit he felt it was not enough and so to reduce out goings he told Brian that one of us would have to lose our job. I was unaware of this conversation and told about it only after Jonathon had terminated my employment. To increase profit Brian was told he would have to make more sales and find new customers and was given a monetary target he had to achieve each month or lose his job. These demands put Brian under a great deal of pressure and sometimes with the threat of losing his job if he didn't reach his monthly target at times got quite stressful. Brian who worked 3 days per week as a representative had to remain in the warehouse on Mondays as this is one of the busiest days. This added more pressure on reaching his monthly target as this meant he had only 8 days per month out on the road to achieve this. Another full time representative, Mr Alan Scott left YVSLtd earlier in the year as he felt he was being put under ever increasing demands and duties causing him stress. He became unhappy in the job he once enjoyed and upset that he felt his only option was to leave or risk a stress related illness because of the pressure he was under. In November 2009 Jonathon informed Brian that YVSLtd were terminating his employment, not because of any incident or misconduct on Brian's part, YVS Ltd just didn't need him anymore. Brian was most upset and felt hurt as he had done all that had been asked of him and always gave 100%. Jonathon informed Brain that YVSLtd did not need a sales rep and were not going to employ a replacement to cover Brians calls. However before Brian left he was asked to take a new employee named Pete with him and introduce the "new rep" to his customers. I know Brian found this very emotional as although his job had become more demanding he did enjoy it and didn/t want to leave. Also some customers he considered to be more like friends as he had been calling on them for more than twenty years. It is of my opinion that YVSltd should have given all their staff written contracts of employment when joining them as requested. I personally requested one several I times but never received one and as to date I believe all staff at Bottomleys Wholesale ltd (Scarborough Site) still do not have a written contract. C-~ -- Signed Miss Cathrin J Vasey Thanks Again Jenny. Any advice will help best regards XXXXX XXXXX
Submitted: 8 years ago.Category: UK Employment Law
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Answered in 20 hours by:
6/30/2010
Solicitor: Fran-mod,
 replied 8 years ago
Fran-mod
Category: UK Employment Law
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My name is Francine, and I’m a Moderator for JustAnswer.

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Customer reply replied 8 years ago

 

JENNY MCKENSIE has ansewerd half the question unfortunatley she hasn't been on line since the begining of June. It's just advise on the witness statements I need and update on and a overview I am willing to pay the £55 I have deposited for help in this matter. Please help if you can best regards

Customer reply replied 8 years ago

 

Could you contact Jenny Mackenzie and ask her if she could read through the statements as she as already has delt with my qustions and pay her the £55 for all her help.

Solicitor: Fran-mod,
 replied 8 years ago
Hello,

I can reach out to Jenny and try to find her for you. If she doesn't respond or is unavailable, would you want me to open up the matter to other experts?

Regards,

Fran
Moderator, JustAnswer



Edited by Fran-mod on 7/1/2010 at 12:25 PM EST
Ask Your Own UK Employment Law Question
Customer reply replied 8 years ago

 

Hi Fran

 

Thank you for trying to get in touch with Jenny as she has already been very helpful and it seems it might be to big a ask to get someone else to look at it from the start. I am happy for you to open it up to other experts in the uk if they are willing to look at it altough Jenny would be the best option. Thanks again for your help

 

Besy regards

 

Brian

Solicitor: Fran-mod,
 replied 8 years ago
Hi Brian,

I've sent Jenny a note telling her of your question. Hopefully, you will hear from her soon.

Regards,

Fran
Moderator, JustAnswer
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