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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 51243
Experience:  Qualified Employment Solicitor
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I worked for carillon and as I am sure you know they went

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I worked for carillon and as I am sure you know they went into liquidation. I worked for carillon full time since September 2017 working on a contract for centrica but a I say had a contract of direct employment with carillon. My employment with carillon ended January 31st however centrica found a new facilities company who offered me my same role and pay etc and I started with them 1st February and will be paid end of February as per the new companies usual payroll. I was paid correctly by carillon at the end of January as well so up to date.
Anyway I digress. While I know I cannot claim redundancy as working for carillon less than two years my contract states contractual notice of one month pay from carillon to me if terminating my contract which they did. In the end. Am I entitled to that notice pay even though I carried on in my job but with a different company. If it was statuary I would say no but I feel as this is in my contamract I should still get my one month notice irrelevant if I got to carry on without loss

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Was TUPE mentioned at all in the process?

Customer: replied 6 months ago.
however we have all had a letter which states in writing and I quote from one section:
"because the company is in liquidation your employment will not transfer to your new employer under tupe. This means you are redundant even though you will be reemployed immediately"Also our new company cbre did a presentation to us on site in the first confirming that although they were treating our employment with them like tupe they stressed it is not tupe.The letters are from pwc the liquidators

Ok, thanks. If TUPE had applied there would have been no termination of employment and the notice period would not have been triggered. However, as confirmed by the people in charge, this was not a TUPE transfer and as such your employment would have officially terminated when the company ceased trading, meaning your contractual notice period would have also become payable. As the company has been liquidated, you will have to pursue this with the liquidators and they will be responsible for the payment of the amount owed.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 6 months ago.
Thank you. That was my thought but when I spoke to there unhelpful help line today they didn't seem to agree with me and my thoughts were what you have written. Just one point to clarify they say all claims need to go through insolvency service but the insolvency service state that I need to claim for what I feel my loss is but I will be paid at the end of February so wouldnt loose in terms of normal monthly income however to me a it contractual notice and haven't paid it I'm owed it in any case so to clarify I am right?

well are you only being paid up to the last day you worked?

Customer: replied 6 months ago.
The last pay I had from carillon and the last one I will get was 31st January which was for the work I did in January. So other than that nothing else a from the 1st we worked for CBRE

ok so you will have been paid up for the days you actually worked, but on top you are also due the contractual notice period as discussed, which is a month's pay. Whilst the Insolvency Service can cover part of that (only the statutory part unfortunately), this only happens if the company can not pay its debts to you, hence why you still need to pursue this directly with the liquidators

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