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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Helloim general manager for 10 years with Marco Pierre

Resolved Question:

Hello i'm general manager for 10 years with Marco Pierre White. On the 10th Janurary 2014 the restaurant was closed for poor trading my director and human resources Liz put all my staffs redundancy and pay them notice in lieu and Holiday. For me and the chef the director told us us employment is still the same and ask us to be From Monday to Friday 9.30am to 6pm to close all accounts, cleaning and be there to organize the visit of the restaurant for the potential owner the time to see where you are going to be transfering My director told me that for me it is a possibility to go in Surrey and Liz human resources told me it is not far from where i live. 10days after Marco pierre white my owner came to confirm that i'm still employed and will be pay as normal and he said it is not sure about what he want to do with this restaurant , he talked about a project to do an art gallery and keep the bar area as small restaurant and we talked about how many staffs cost i will need for that. The next days he came back to me the potential partner for that . When he left he said to not worry i'm going to let you know what is happening with the art gallery and he is still paying us as normal. From January to February i was still inside the restaurant from Monday to Friday to meet , open the door to the potential buyer and received my normal wages My boss sent some people to start to clean and empty the restaurant . i spoke and sent an email to my director to ask him what is happening and when and where i'm going to be transfer . he replied hope that you are well and i'm not entilery sure what is happening. my director asked my to hire a van and go to outside London to transfer all the office . i did and again ask him what is happenning for me . he told me that i have to call Marco Pierre White. On The 31 st March , i didn t received my wages and when i call my director he sent me an email to let me know that he is doesn't work anymore for the company and give me the email adrress to the new person Larry . then i contacted Larry once and twice then larry paid my wages of March. the restaurant was sold on the 7th April , Larry came to see me on the 5th April to discuss the possibility for me . The only restaurant will be at 2 hour and more from my house he undanstood that he is not suitabel for me . then i said why nobody came before and why on the 10th Januray my director talked about a restaurant near to my place , he said i cannot be there as it is a franchise. then i said ok you are going to put me redundancy , i saw his face and said i'm going to check what is the best for you. on the 6th April he called me and asked me to give my notice and i said no as i do not have job and need to claim my insurance then i said ok i'm going to start the redundancy procedure. on the 1st May i didn't received my wages , when i spoke to him he said i was paid to check my bank account. no money , call him back then on the 3rd on may i received £4640 i was surprise as my wages is £3500 need to call the head office to ask why is the money Aron said it is the 10 weeks of redundancy . i said but i m missing my April wages, 10 weeks notice and 10 days holiday . he asked to call him on Monday as he doesn t know. now Larry said to me that Liz human resource said i received a notice on the 10th January. it is a liar and sent a letter to Larry to explain the situation . i called my boss Marco Pierre white to explain the situation and now he came to propose to me a job in London but Franchise i do not want this job and feel very down about all this liar and situation, i have to call him on monday to say yes or no to this job... what do you think about all thisMany thank

Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. is redundancy the option you require or would you be prepared to continue working for them after ten years

Customer:

hello Jones

Customer:

they paid me my redundancy on the 2sd may on my account without procedure but refuse to pay my 10 week of notice and 10 days of holiday

Ben Jones :

hello yes so you have accepted the redundancy payment and you think you are owed 10 weeks pay.Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer:

it is not true them gave me notice on the 10th January as i can prove it as i didn't received any notice letter and i have text message proof that. now i want to be pay but my boss came with new idea to give a job in the franchise restaurant. i do not want this job but to be pay as everybody. i think they treat me badly, lie about the notice and just to not want to deal and work with them anymore.

Customer:

i didn't accept the redundancy ti suppose to be received my april wages but i received more then when i call them they said this payment is the redundancy...

Ben Jones :

ok thank you for that leave this with me and I will prepare my advice on how to proceed with this

Customer:

thank a lot it is quick complicated . the fact they try to do not pay me my notice period and holiday but when i said i have a proff that is the liar now they propose to me a job in franchise . thank you very much to help delphine

Ben Jones :

Hello again, by closing the restaurant the employer is potentially going to create a redundancy situation because your workplace will stop to exist. In these circumstances the employer has a duty to consult with you over the proposed redundancy and also to consider offering you any suitable alternative employment that may exist, in order to try and avoid having to make you redundant. This could be another job in a nearby restaurant owned by the same employer or an associated company. However, if there is nothing suitable for you to do, they will have to make you redundant and also pay you your notice period, holidays and any redundancy pay you are due.


 


The employer here claims that you were issued with notice of redundancy in January and that since then you have worked out your notice and should not be paid for it now that your employment has been terminated. This is not going to be correct unless you were properly told that you were being issued with notice of redundancy. That does not necessarily have to be in writing (unless your contract required it to be in writing) but it must be a clear communication that notice is being issued. If that did not happen you would still be entitled to your notice period.


 


In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages or failure to pay you redundancy and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.


 


If the employer does not return the money as requested, you can make a claim in the Employment Tribunal. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals


 


Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.


 

Customer: Ok thank you
Customer: may I ask a franchise it is a associated company?
Ben Jones :

If they are companies over which a third party has control over they can be associated

Customer:

ok last question on Monday when i called my boss to say no about this transfer in the franchise and the company already paid my my redundancy

Customer:

may i can claim my notice period and holiday ?

Customer:

when a make a claim in the employment tribunal may i have to have a solicitor?

Ben Jones :

yes you will be claiming the notice period you were due and also any outstanding holidays - that would all be regardless to the fact you have received redundancy by the employer. You do not need a solicitor to make the claim and you can do this alone.

Customer:

Tahnk you so much

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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