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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 63514
Experience:  Qualified Solicitor
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Yesterday i had a meeting at work where we were told that

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hi there, yesterday i had a meeting at work where we were told that all of us are going to lose our jobs in the next 24 hours, due to the company bankruptcy. in this situation i m not sure if there procedure is legal or not. i didn't sign any resignation letter or any contract interruption
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: The hotel manager made the announcement, and the HR personnel didn't know anything about this.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: i m a employee, i don t belong to any union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: they have never mention anything about the pay i should get for my outstanding holidays and bank holidays and the overtime.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked there for and what is your specific question in relation to this please?

Customer: replied 18 days ago.
i have been working there for 6 months and my question will be if the company procedure is legal or not, because in my opinion it is strange to be told today that tomorrow your not going to have a job and therefore not being able to pay my bills.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. What the company is doing is legal unfortunately, especially as bankruptcies can suddenly come along and historically many workplaces have suddenly failed and thousands of employees have been left affected with little, or no notice.

 

In any event, as you have been continuously employed at you place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as the decision is not based on a reason which makes a dismissal automatically unfair. These include:

{C}· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

{C}· Taking, or trying to take, leave for family reasons including pregnancy, maternity/paternity leave, parental leave, adoption leave or leave for dependants

 

However, if the dismissal had nothing to do with any of the above exceptions, you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That would usually happen if you were not paid any contractual notice period due to you (unless you were dismissed for gross misconduct, where no notice would be due). If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow you to work that notice period and pay you as normal, or they instead have to pay you in lieu of notice, where you are paid for the equivalent of the notice pay but your employment is terminated immediately.

 

If they are bankrupt you may have trouble getting paid but you could eventually contact the Government to try and get paid for at least part of what you are due.

 

Contact them on 0330 331 0020 for further assistance on how to initiate your claim.

 

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 17 days ago.
Thank you, it was helpfull

All the best

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