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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49857
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was wondering if I could have some advice. I was working

Customer Question

I was wondering if I could have some advice.
I was working for a company I knew as Quality Premier Services LTD from 04/12/12 - 05/11/15. I worked as a customer service manager here and from August 2014- October 2015 on my payslips the name was Quality Care Services. We were also previously called Central payroll services but we changed names in August 2014 to Quality Premier Services.
I knew that we had a few different sections of the company but as we were a payroll company I just presumed these were for different types of agencies.
On the 05th November 2015 the company was put into liquidation for owing nearly 60 million on VAT, and we were put out of our jobs on that day.
The month before we had been paid up until 31st October, so as we were advised by the liquidators we were able to put in a claim for money for 3 and a half days worked in November + any days holiday we were due. Also we were told we were able to claim 2 weeks notice pay And 2 weeks redundancy pay.
The liquidators that had closed down the company (RSM) sent us our forms and we all completed them, only for this case to drag on for the next couple of months and for us to eventually be told we had no claim. The reason we apparently have no claim is that they were suspicious as we had been P45'd prematurely to the liquidators appearing at our company (not that we was aware of) and that as we had always been paid through Quality Care Services therefore they believed we was employed through them. They told us they had only come in to shut down Quality Premier Services therefore we were not entitled to money.
Every single one of us that worked their had contracts signed with Quality Premier Services but the liquidators would not take this into consideration.
Our directors and the owners of Quality Premier Services were very dodgy people and I believe that our manager had known what was going to happen & for some reason decided to P45 us.
Whilst we were being investigated by HMRC & Inland Revenue before the company got shut down our directors told us that they were going to have to move the company to a different address & maybe change its name to 'Excellence First', which after that we heard nothing more about. A week or so later we were told that the company was going to have to go on the market to be sold, they said one of their friends was going to buy the company but they had to make it look like they had shown it to other people. Their friend was going to basically just take the business of their hands for a while but he wouldn't be running the company as he had no payroll knowledge. They said they would have to stay away from the company for about 3-6 months. The friends name was Paul Duffen.
Again we got put into liquidation before this had time to go to plan, but strangely enough my old manager & a few selected employees have now gone to work for another payroll company that has just started up and it is run by Paul Duffen. Paul Duffen also owns a company called excellence first.
The liquidators got wind of this and believe it is our previous directors who have opened up a company in Pauls name and they believe we could of been transferred to work for them, the reason for us being P45'd prematurely.
I think this is ridiculous as it is quite obvious through HMRC who we are all employed by now. Please can I have some advice on whether we are all able to take this further or what we are able to claim for as there are about 13 of us that have been left without pay/redundancy money.
Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What are you actually hoping to achieve?
Customer: replied 2 years ago.
We have ACAS involved in trying to mediate. We just want some legal advice on what we can do in this circumstance as the government and liquidators are saying we are not due the money even though we have worked for it as its obvious we knew about the new company as our P45's had been produced, It is quite a long story as you can see so ACAS have asked us to get some legal advice into what we can/cant do.
Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the information and laws and will get back to you as soon as possible. Please do not respond to this message as it will push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Hi, it is a rather complex situation by the looks of it and the difficulty in advising is that I do not know what actually happened. I do not know what happened behind closed doors and what the liquidators were concerned about which meant they could not pay you. So you are really looking at getting a solicitor in person to go through the formal documentation and delve into this a bit more because I think the limitation of doing this online through us is that I would have very limited information and it would be almost impossible to give you a balanced view of whether you can go further or not.
I can of course tell you how you can go to the next step if you wanted me to, but it would be done without any advice on whether you have a good chance of getting anything out of it. Up to you…