F**ked over by employer...where do I stand?

[AngelGrinder]

I'll run through the basics of my job, then explain what has happened, if anyone has any knowledge of where I stand, and what I can do, that would be appreciated.

My job - I drive a van round (mostly London) delivering and setting up Audio/Visual equipment. I work lots of overtime, usually do a 40hour basic with about 30 hours overtime per week. My basic is £17,000 but obviously my overtime brings that up a fair bit.

Due to driving/parking/eating in London, it's expensive for me to do these things, I can claim back parking and I have a diesel card, but I have to pay for my own food. Basically...it costs me alot personally to do the job.

Now, cut to today, Friday 27th Feb, we are supposed to get paid.

We don't. I'm owed nearly £2000 wages, I receive nothing. At about 10am the administrators come in.

We are told very little, except to carry on working. They tell us we will get paid from today for each days work that we do for the administrators.

The company is in dire shape, the chances of them being bought are unlikely.

My problem is, they still want me to go back and carry on working as normal on Monday. Right now, I can't even afford the petrol to drive there. Let alone pay for parking, food in London. Also, they have not mentioned if they will pay overtime.

Basically, I want my wages from last month back, if I get them, I will carry on working, if they do me a new contract, stating my pay guidelines.

I'm only just 22, and have been working there 2 1/2 years, so I think I'm only entitled to £350 redundancy.



Anyone recommend what I should do? If I get my last wages, shall I take redundancy? I'm just not sure what I should be doing?


Any advice is greatly appreciated



P.s Just to make a bad day worse, when I got the phone call to tell me the company was in administration I was driving, and the police pulled me over and gave me the £60 and 3 points, can I ask for extra time to pay the £60 fine?

Ta
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Currently Riding - 2002 Aprilia RSV1000 Mille

[Dragonfly]

Thats shite luck there. I wouldnt work another day for them if they owe you that much money as it dosnt look like you are going to get paid at all if they are in administration. Unless someone is to buy them and their debt over, least thats how it worked when one of the companies I worked for went bust years ago. I never got paid though. Not sure about asking for time on the fine, I know with court fines you can pay in installments.

[powelly]

The employees salaries / holiday are right at the top of the creditors list and so will be paid first, assuming the liquidators find some money available (this may be through the sale of company assets).

I take it the van is worth more than the wages you are owed? might be worth parking it somewhere out of site when you go in and ask for the money they owe you.


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Yamaha RXS 100 > Gilera Runner 50 > Suzuki SV650SY

[Phoenix]

I wouldn't want to continue working when I've not been paid a months wages already. I don't know where you stand though so Citizens advice as usual is probably your best bet.

The company I worked for went into administration, it was that way for over a month but during that time we were still getting paid by the companies icelandic parent presumably so no questions were asked, it was then bought and carried on as usual. If the company is not bought then I cannot see how administrators can pay you for the time you've worked during administration. Sale of assets is good, but quite frequently a company has little assets if the premises are rented, the vehicles are leased and so on.

[AngelGrinder]

The van has had it's tracker unplugeed, and it's parked somewhere where the company can't get to it, and I took the spare keys for it from the office.

I made sure the tank was full also. And I have a nice TV in the back.

I've heard if I go to far holding this to 'ransom' the company can get the police involved. I don't really want any trouble, I just want to be able to afford to pay the bills and to eat....right now I can't do either.

No wonder this country is going to sh1t if companies can get away with this, it's an absolute outrage, I have banks chasing me for charges already.

I've got everyone I know asking if they know of any available jobs. Doing anything, aslong as it gives me some sort of cash flow!
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Currently Riding - 2002 Aprilia RSV1000 Mille

[iooi]

[panrider_uk]

You would now be working for your company "in administration" and being paid by the administrators (not liquidators at this point).

Being in administration means that the company can shrug off most off its debts and the administrators can trade it without the debt burden and hopefully, therefore, trade as a going concern.

As said, the wages are high onn the payment list so I'd continue working and probably looks elsewhere at the same time.

Administration can last months if the business is complex enough (my company was in administration for 11 months before being sold).

Mark
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Current bikes: Honda ST1100 Pan European. Moto Guzzi V85 TT Travel

[yambabe]

https://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/guideforemployees.pdf?pubpdfdload=04%2F1945
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Sod falling in love, I wanna fall in chocolate.

[AngelGrinder]

Problem I have with working is I can't afford to actually be doing it. Mondays not too bad, but Tuesday I'm expected to be in London from 6am until 10pm. I can't even afford to get much food at home, let alone pay £4 an hour parking in places, and buy breakfast/lunch/dinner at centre of London prices.

At the moment I'm planning on going into the place on Monday, I will say to the administrators that I am happy to con tinure working for them, on these 2 conditions -

1. My pay that is owed is paid back to me IN FULL

2. Every day that is worked I have a letter SIGNED stating I will b paid X amount on X date.


I can't afford to be shafted for money again. I'm going to sign on to as many agencies as possible and spam my CV everywhere today. The citizens advice isn't open until Monday, so I will go there first thing.
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Currently Riding - 2002 Aprilia RSV1000 Mille

[iooi]

[Itchy]

[AngelGrinder]

[Dom_]

I fully sympathize with your situation mate but being that skint and then eating out 3 times a day is absurd.

It's perfectly easy to eat stuff you've made home if your not in an office, i'm always driving about with my job and I manage to do it ok along with other colleagues. You need to seriously change your lifestyle when something like this happens, buying value everything and prepping it all at home never going out etc. I had to do it when I was jobless for 3 months and still had hundreds going out in direct debits.

[AngelGrinder]

[D O G]

Tell the administrators on Monday that you are unable to pay for the parking for the work you need to do on Tuesday, due to the fact you have not been paid. They are not monsters, they will understand. They are the only people who can help you.

They will also appreciate that you doing the work on Tuesday is important, will bring in money and can only be considered to be a good thing.

The adminsitrators have the power - they have the power to give you some petty cash to pay for the parking prior to you going there. If I were the administrator I would do it, it makes commercial sense to do so.

Couple of things though - don't mention your lunch problems, they will not be receptive to this. You can make your own food, you don't need to spend 6squid at pret a manger for a brie and bacon buttie. Secondly, don't take the piss and spend any excess money they give you, and if possible keep any parking receipts to back up your expenses. If you do that then they will trust you, and hence help you more in the future.

[TheMundy]

How much is the audio visual equipment worth that you deliver.......
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Telling it like it is since 1978.

[AngelGrinder]

[Pedd]

[Itchy]

Erm with a company van you can use it to commute with back and forth to home and it is not considered as a taxable benefit even if you stop for incidental uses ie a news paper or lunch.

But whats not ok is using it on weekends to go shopping HMRC often go and get super market CCTV and compare van number plates with that on the company vans registers.
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Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching.

[AngelGrinder]

UPDATE:

Spent all of today simply waiting to hear from administrators. We weren't allowed to go and see them, they were too busy.

At 4.30 they finally call a meeting.

They tell us we have to keep working, but as they currently have no money to pay us what we are working, they don't know when they can pay us - they have to keep working to get enough money.

They tell us the company is £800,000 in debt.

The money from last months wages is gone, we have no chance of ever getting it back, we have to claim it back from the government.


So, they owe me close to £3,000 (2x months overtime and 1 months wages) they can't tell us when we'll get paid...and they won't us to carry on as normal? They want me to do a 17/18 hour day tomorrow? They wouldn't do us any sort of contract until Wednesday?

I got so fed up...I handed all my keys and pass in. I'm officially jobless.

Seriously don't understand how this is legal in this day and age?

Oh and to top it off, I went to Citizens Advice this morning - HUGE waste of time. The bloke basically printed off the link already posted here and then to really wind me up, told me I wasn't entitled to Legal help because of how much I earn.

What aload of sh!t, because I've paid more taxes I'm not entitled to any help?


Anyway, what a goddawful day.

I have no money, but will be applying for every job under the sun tomorrow.

Also, I have to claim back last months wages from the Nation Insurance, anyone have any idea how long this will take?

[G]

[Itchy]

Its a joint stock company ie the liability is in the shares only, its actually quite common for this to happen , if the legal entity is dissolved it no longer exists to be claimed debt against.

There is a small arguement of wrongful / fraudulent trading which might be persued. Which is ineffect trading in full knowledge that they could not pay their obligations. Not that this will do you any good of course.

Anyway if you live in London and can drive a car why not apply to be a Scooterman? (Manchester branch doesn't seem to be hiring its why I've not done it).
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Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching.

[AngelGrinder]

[Andy C]

[Kickstart]