Contract Lost

[Sycamore3House]

The company that I work for has lost its contract and therefore all jobs (approx 250 + temporary staff) will be lost and the building will be pulled down and rebuilt as something else. Whoever gets the contract it will nit be done in our town. The employees have been told that all jobs will be gone by the end of September. Myself and a few others have not worked there long enough to qualify for redundancy and therefore have already started the search for new employment. As yet we have not been given notice by the company.

The notice period in our contracts states one month. We are paid monthly and we are not paid in arrears. So our pay at the end of March is for the work we did in March.

Our immediate boss has told us that if we find another job we can leave almost immediately with just one weeks notice. My question is can the company withhold any monies from us if it is owed to us and we do not complete the required notice period?

[Ellipsis]

> if we find another job we can leave almost immediately with just one weeks notice

What he's saying is that the company won't hold you to one month (ideally you'd get that in writing). He is not saying that you'd be paid for one month if you left with only one week's notice.

[bednobs]

We are paid monthly and we are not paid in arrears. So our pay at the end of March is for the work we did in March.
that is being paid in arrears isnt it?

[fiction-factory]

It's worth asking the employer/your immediate boss if you want a more definite answer.

[Peter Pedant]

I dont think that your employer is exactly flush with money
and foresees cash flow problems and is saying go before you are pushed

it sounds more as tho your employer a time when you will turn up one day and find the factory gates locked with a note ' ceased trading insolvent'

oh by the way if that happens then unpresented cheques ( not paid in ) will go unhonoured - also I think that with one bankrupt employer the bank successfully clawed back the last pay cheques from workers ( wrongly paid when already bankrupt ) . My god there was a lot of squawking but under the facts of that case it was held to be lawful

so in short do you have lots and lots of employment rights under the relevant legislation from a bankrupt employer - well whatever they are - ya dont get paid.

No they cannot lawfully withhold monies owed to you under the contract.
will they exist by the time you get around to suing in lets say Sep
No I dont think they will ....

Your employer is on its way out
he has at least levelled with the work force
as you went into work Tuesday you will have noticed a queue of creditors at the door asking for early settlement

[CrapAtCryptics]

Ask him that question but ask for the reply in writing ( to avoid any misunderstandings ).

[Peter Pedant]

Get free advice from the ACAS helpline

[Peter Pedant]

I think the question is this:

suppose I give notice on 1st March and start work on the 14th at another job - do I get a months's pay in lieu or 14 d ?

and I cant find the answer to that altho I have an idea in the back of my mind that since you havent lost anything you just get 14d - or else it is a principle that you cant have two jobs for the same hours .... but I cant find a ref.

[Sycamore3House]

If I hand in my notice on the 7th and finish on 14th do I still get paid for the 14 days and then start with the new company. I am not expecting to get paid for the whole month.

I have always thought a company has to pay you for what you have worked and a notice period was to enable the company to find a replacement.

[Ellipsis]

> If I hand in my notice on the 7th and finish on 14th do I still get paid for the 14 days

Yes.

[Peter Pedant]

agree Ellipsis

good job hunting do it sooner rather than

obv if the company goes tots up on 13th then you will not be paid at all ( you will become an unsecured creditor ) . If they pay you by cheque on 14th run to the bank that day to pay it in ....
you current employer doesnt sound very well