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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47337
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I have worked company years. We were told the company

Customer Question

I have worked for a company for 6 years. We were told the company had been sold.
We were then told on Dec the 18th 2015 that all employment is terminated on that date.
with no pay for December, no notice will be paid, and no redundancy will be paid i have requested a contract of employment but never received one, I have never received holiday pay.Lynda
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Do you have a specific question about this?
Customer: replied 1 year ago.
Am I entitled to a notice payment, holiday, redundancy payment, and Decembers wages, are these entitlements affected by not having a contract.
Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. First of all if the company was sold and the sale was not done through a sale of the company’s shares, a law known as TUPE is likely to apply. This would give you protection in a sense that your employment would automatically transfer to the new owner and they must take you on from the old company on your existing terms and conditions. In effect all that should change is the name of the employer and everything else should remain the same, including you keeping your job and continuing to work with them. If the reason they dismiss you is because of the transfer then the dismissal will be automatically unfair and you could make a claim for unfair dismissal in the employment tribunal. Even if they tried to justify the dismissal was necessary for other reasons, such as because you were no longer needed, you would still have rights in terms of what payments you receive. For example, if the reason was redundancy you would be due a redundancy payment. In any event you should be entitled to receive your notice pay, which cannot be less than 6 weeks in your case, plus any accrued holiday pay and pay due for time worked. If you were never paid any holidays then you can actually claim backdated holidays for the last 2 years. None of these rights are affected by not having a contract of employment in place – they are entitlement you automatically get by law. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to pursue the money owed to you, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. As mentioned, this potentially amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996.
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 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, the following options are available:
1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. 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
2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.
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.