Posted 9th Jan 2023 (Posted 8 h, 10 m ago)
Can please get advise ( Asking for female friend)

Got an message on restaurant WhatsApp Group on weekend by the owner that they have closed the restaurant and thanks for your service

Now the owner is in no mood of paying Dec wages and holidays pending for this year let alone letting all staff know in advance what he is planning to do Staff are in sock as no wages and had to look for new jobs


what are rights to start with
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  1. Avatar
    Contact citizen advice
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    Author
    Thanks
  2. Avatar
    In theory this can be claimed via an employment tribunal but they will need to wait 3 months and a day before they can claim (I think it is). Speak to Citizen's advice, ACAS but crucially, try and keep tabs on the employer. If you think there is a chance they might disappear, try and note where and to whom the business is registered (it won't necessarily be the restaurant itself).
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    Author
    Thanks I was looking into it you are right but they have to wait 3 months and it might be expensive
  3. Avatar
    This is a complex area. This page might help. citizensadvice.org.uk/wor…ir/
    I was let go when my employer folded in 2019 and I am still sorting out the money side today.
  4. Avatar
    ACAS early conciliation is a good first step. acas.org.uk/ear…rks

    If this dude has clearly broken the law, then he's not going to want to go past early concilliation.
  5. Avatar
    If they are formally going insolvent, but they have been operating the payroll correctly beforehand, reporting figures and paying tax and NI to HMRC, then you might be able to get arrears of pay from the Redundancy Payments Service - part of the Insolvency Service - gov.uk/gov…nce
    But if that requires a case number from insolvency practitioner handling the insolvency.
    But from your comment "the owner is in no mood of paying Dec wages and holidays pending for this year" it isn't clear if the business is a limited company going into administration, or a sole trader going bankrupt, or just a continuing business that isn't inclined to pay what it owes.
    If the business is continuing then small claims court or employment tribunal might be another approach, but as others have said, it's probably best to talk to Citizen's Advice first.
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    Author
    Thanks for important information you share

    1) I have looked her payslip tax NI and pension payments are deducted from main salary

    I have checked boss on company house and he got various companies attached to it so I don't know how it works (edited)
  6. Avatar
    Acas ?
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    Author
    Thanks
  7. Avatar
    If your friend bough legal cover with home insurance, she could give them a ring for advice.
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    Author
    No cover anyway thanks
  8. Avatar
    How long have they worked there?
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    Author
    7 months for her
  9. Avatar
    Is there any contract of employment etc?
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    Author
    Yes
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