not been paid

[blackietwo]

My son is a scaffolder he works for a company who on Monday went into administration. The same day another company brought it,but they do not take over until monday. the new owner is committed to the existing staff and contracts that are currently being worked on. My son was due to be paid today, no one as been paid. They have been told they will be paid Monday, and asked them to work overtime tommorrow. The new owner told them if the old owners don't pay he will. There is no guarantee he will. So if he does not get paid, what can he do? Am only asking because he owes me �300 that I lent him to pay his holiday off, , selfish I know , lol

[Androcles]

This is one of those situations where , regardless of legal rights etc, it is a judgement call by your son. He muxt decide if he believes the new owner or not. Even so if he works, believes the guy and is not paid, is that as bad as not believing the guy, not working and not being taken on, whilst eveybody who did believe him worked and did get paid?

One of those occasions when he should take the gamble, imho, he can't be any worse off!

[blackietwo]

Thanx, thats what I thought, he is going to work in morning, a show of good faith so to speak. Its just another day after al.

[buildersmate]

If a company takes over an existing business as a going concern, the employers are covered by TUPE (Transfer of Undertakings, Protection of Employees). This means the new company has an obligation to pay the existing employees (and the event that this didn't happen the Government fund steps in the pay staff outstanding monies)