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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48210
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My son worked for a ompany that closed down without notice

Customer Question

My son worked for a ompany that closed down without notice end of January, they transferred him to another company in the group but he has not had a new contract or had the promised payrise
Submitted: 5 years ago.
Category: UK Employment Law
Expert:  Jo C. replied 5 years ago.
-Could you explain your situation a little more?

Customer: replied 5 years ago.
He is 18, Works as a Chef

He worked for one restaurant, which was closed for month of jan for lowest month of takings,

It still was open for snacks which son did, during this time he also worked in other restaurants in group and did outside functions.

On the last weekend he was told that the next week he would be working in another restaurant in group, that is 30 miles away but he's done it.

His payslip has changed companies because old one is closed, and he has not had a new contract, no payrise, or confirmation of anything. He has asked about contract and they said it will be along shortley

The last couple of weeks he has been working more shifts he should be on 8 and now this week is another on of 9 almost 10

He is disheartened, Is he in contract and where does he stand
Expert:  Ben Jones replied 5 years ago.
Hello, my colleague has asked me to assist with your query as it is more my area of law. How long has he worked there in total (including old company)?
Customer: replied 5 years ago.

He went there in September 2010 for work experience and by the end of the month he was taken on as a part time worker, Weekends and some times in week, usually Thursday after work Experience

They offered him a permanent job after Christmas and he started there beginning of March 2011. He worked at that premises until the end of January 2012.

In February when he asked about Decembers Credit Card Tips he was told the company is no more and they had been left within the old company.

So he missed out on that.


Expert:  Ben Jones replied 5 years ago.
Thanks and just to clarify - what specific questions do you have about this?
Customer: replied 5 years ago.
My son is being given the run around.

His old contract said he could work in other restaurants in the group which he did occasionally.

Now he is working for a new company, as the old one was closed. The companies are completely seperate but under an umbrella. He must have been given his P45 from number 1 to join number 2 ergo he has been employed somewhere else.

He asked about a new contract in February, and they said probably, but nothing has happened.

He is so unhappy with how things are panning out he is thinking of leaving, so where does he stand on notice period.

Expert:  Ben Jones replied 5 years ago.
Thanks for this information. I'm just going offline but I will pick this up first thing in the morning if thats OK?
Expert:  Ben Jones replied 5 years ago.
If his old employer has closed down and ceased trading then that would have given rise to a potential redundancy situation. As he had over a year's service at the time this happened he would have been protected against unfair dismissal and his employer would have had to conduct a fair redundancy procedure. As part of that procedure they would have had to offer him suitable alternative employment and the new job may have been such. If he did not want to take up this job he could have asked to be made redundant, although as he did not have 2 years' service at the time he would not have been entitled to any redundancy payment.

So if he wants to leave now due to the issues he has been experiencing, he can consider himself as being constructively dismissed which means he can leave with immediate effect without giving any notice. He should be paid up to his last day and also get paid for any accrued holidays.

If he wants to try and resolve this first before leaving he can consider raising a formal grievance first and try to fix this that way but if he has no luck then resignation with immediate effect may be the way forward.

Please press Accept for the advice given so far. If necessary, I can then provide further advice and guidance as required and answer any specific questions you may have. Thank you