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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 1767
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I work for a private equity firm. In November last year they

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Hi there. I work for a private equity firm. In November last year they told me I needed to work on the ground for one of the companies in the firms portfolio for an unspecified periodd of time. They also said I would be paid direclty from the portfolio company during this period. The portfolio company asked me to sign a new contract with them, but I refused given that I had a contract with the Private Equity compnay and the porfolio company was on shaky financial ground. 3 months after working on the ground, the porfolio company said they couldn't afford my salary and issued me with notice of redundancy. My employement contract was never ended with the PE firm, although they haven't paid me since October 31 last year. My question is if my employment contract with the PE firm is still valid?
JA: Have you discussed the employment contract issue with a manager or HR? Or with a lawyer?
Customer: no
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee. No Union.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think the PE firm is setting themselves up to say that my employment contract automatically ended when I was seconded to the portfolio company, or that the notice served by the portfolio company counts for the PE firm too

Hello my name is ***** ***** I will be the expert assisting you with this matter today

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Thank you

How long were you working with the new firm before you were made redundant?

Customer: replied 2 day ago.
3.5 months
Customer: replied 2 day ago.
the PE firm is majority shareholder in the new company

and how long did you work for the PE firm?

Customer: replied 2 day ago.
For 7 months

Ok thank you. So it is quite difficulty to give an specific yes or no as this may come down to judicial decision. So as you were employed by the PE company and you made it clear that you were not willing to sign with the new firm then you can reasonably say that you are still employed by the original company. The difficulty is that if they agree but decide to make you redundant then you don't have the 2 years service period you require to raise legal action for unfair dismissal. However,

What you need to do is initiate the workplace grievance process. You will want to present all your evidence and points you wish to make at the grievance interview. If you get a response from them that they don't agree with you they will have to tell you why. You then will have to appeal this outcome and can then explain why you don't agree with their findings. If you then still do not obtain the resolution you want, but feel it is wrong. At that point you will have to raise early conciliation with Acas. You can do so here; https://ec.acas.org.uk. The conciliators at Acas will contact your employer and indicate to them that you have started the conciliation process. Acas will mediate the issue and see if they can help resolve the matter. If they cannot resolve the matter then they will close conciliation and issue you with a EC Certificate. This is the first step in the legal process and once the EC Certificate has been issued you can make an application to the employment tribunal if you wish to do so. Please be advised that there is a very strict time to make an application to the Employment Tribunal which is 3 month minus one day from the date the issue arose. Do also note that this time limit gets put on "pause" while you are going through the Early Conciliation process.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

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Many Thanks

Ross

Customer: replied 2 day ago.
One quick follow-up question. If I make the case that my employment contract is with the PE firm and they do make me redundance, presumably the would need to honour my notice period? It might also be worth mentioning that I still use my computer and email from the PE firm and the PE firm still provides my health care benefits. I would think these would also reasonbly suggest that I am still employed by the PE firm? Thank you.

Yes! That actually gives you a strong case as they fulfil some of the "employment criteria". Also, yes, they would of course have to honour your notice period as well as any holidays you are due which you have not taken.

Customer: replied 2 day ago.
Thank you.

You are very welcome. I hope you manage to get things sorted. I would be grateful if you could use the 5. stars at the top of the page to rate the advice given. Many Thanks and stay safe.

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