Employment law after husband lost job.

deckchairdog · 27-11-2023 8:07pm #1

Hi all, I have a question about my husbands job loss.

December last year my husband signed a job for a job in IT in the UK. It was a work from home job and was what seemed like a great career move. He signed the contract in December and handed in his notice to his job here in ireland working up to Xmas week and was due to start the new job Jan 3rd. On the 3rd he waited and then contacted to no answer. He then contacted the recruitment agent who finally managed to get through to someone. It transpired that the CEO of the company had gone awol and non of the 20 staff had received christmas pay.

They mentioned then the following week about the possibility of the job commencing on the 16th. Nothing transpired.

Work place relations were contacted and they asked if he could not just go back to his last job. Almost a year on he has been unable to secure another job in this role. He worked for 6 months in a labourer position to bring in cash but is trying again for the job that he put himself through college twice for.

I feel his mental health is starting to suffer. Hes unwilling/unable to fight for what happened to him. I feel that there is a legal route he can take. He was getting interviews but has of late not even been recieving call backs for any applications and it seems to be getting worse.

I feel so sorry for him but also frustrated as we have two young kids and a new mortgage. I'm working extra and he is caring for the kids... but I feel he needs his career bacl on track.

Is there anywhere we can contact to find out if he has a case with this company that caused him to come out of a good job in the first place?

I feel if he just wins a battle. Realises the injustice of it all. He would have more fight in him. For now I know he blames himself.

Thanks, sorry if too many details.

Stheno · 27-11-2023 8:09pm

Did he sign a contract?

Jim2007 · 27-12-2023 8:53am

https://www.boards.ie/discussion/comment/121426554#Comment_121426554

You have not idea if it is strange or not because you have no way of knowing what the person doing the recruiting knew at the time. If the company was in financial difficulty the last thing the CEO is going to do is start telling people they are not going to get paid.

This was over a year ago so what happened to the company in the meantime? There are two things to know about service companies - they have very few assets and paying the salaries & bonuses is critical to on going operations. So if that is not happening, then the chances of there being anything there to satisfy an award or even costs, if you ever won one is pretty well zero or it will be by the time it gets awarded.

And the next challenge is that the case would have to be brought in another jurisdiction, where it's government has been very active in dismantling labour laws and mutual recognition clauses with EU states. That means you need legal advice and advisors in that jurisdiction not this one. And given what you have posted so far, I would not be surprised if the company was already in liquidation or more likely just abandoned, which would make the whole thing pointless.

This is not the hill to choose to die on, if your objective is to boost your husbands moral.

Tell me how · 27-11-2023 8:18pm

https://www.boards.ie/discussion/2058324723/employment-law-after-husband-lost-job

I think the case with respect to the company that abandoned him should be of secondary concern.

It really is a sickener and while it is easy to be wise after the event, most of us move from one job to the next without doing anything different than what your husband has done.

You haven't mentioned the word, but I feel that you probably know that he is probably suffering with depression, which is understandable given what happened and was compounded by not being able to find a new role.

Did he try to go back to his previous job? You just mentioned that it was suggested to him but you then said he was unsuccessful in finding a new role. Maybe he was too embarrassed to go back, maybe given he had left he wanted something new rather than take a step backwards.

Your post was about finding out if he could maybe bring a claim against this company, so to focus on that for a second. Did he signa contract? Does he have email records of a job offer and start date etc? The simplest thing he could do is to talk to an employment solicitor and ideally one with experience of UK law obviously.

Given your situation, I expect money may be a little tight, but therapy may be a more productive way forward than pursuing a legal route of some sorts. I hope he does catch a break and manages to take a positive step forward. If he didn't go back to his previous company, maybe it is still worth giving them a call. He could say that his plans fell through and he decided to take the year as a time to focus on young family but now is interested in new opportunities. He doesn't have to justify what he did for the year to anyone. Good luck.

Mrs OBumble · 27-11-2023 8:44pm

If the CEO has gone AWOL and the existing staff didn't get paid - then who could he possibly take a case against?

Sadly it happens that some 100% WFH jobs are actually scams.

Has he hot any contacts who could help him find a job, eg people from his course?

Facthunt · 27-11-2023 9:29pm

LinkedIn is useful. Put a good profile together and follow companies of interest!

deckchairdog · 27-11-2023 9:39pm

Thanks everyone for your answers. Yes he did sign a contract and has all records. He also went through a UK recruiter who spoke again with him in August and apologised for the situation. He was in the running for a job again but another guy got it in the end.

@tellmehow

He definitely is starting to show signs of depression and its putting a strain on our relationship of course. Unfortunately he's not a talker. Though i will suggest therapy to him over the next few days.... he cant work through it with me and i understand that. There's a huge element of shame I can feel from him and that's why he hasn't pursued it further.

Unfortunately I made him call back his old job earlier this month to an akward... we've nothing at the moment. (In fairness there was a large gap and might have been more sensible last january)

He's a brilliant dad and I'm taking on more hours at work to help fill the financial gap but I know its not enough. His pride has taken a huge fall.

I shall take a look at employment solicitors. Thank you for your suggestion.

Mrs obumble. I did at first think that this company might have scammed him but its a contracted job not a freelance one and he didn't have to part with any money so I can't think of why they would scam in this case.

He had spoken to a team leader who said that they hadn't been paid that December. They were informed then that the company would pay in Jan. The company back on track as far as I know.

Augme · 27-11-2023 9:54pm

Have they ever given him notice that his contract his terminated? Either way, very peculiar case and one would really need to read the contract the signed before knowing what the situation is. Woukd suggest contacting an employment solicitor but don't get too excited that will be successful either tbh.

Mrs OBumble · 27-11-2023 10:15pm

Is he living in the UK or Ireland?

In Ireland, the law is that a new person can be let go within the first 12 months, for pretty much no reason. But the UK may be different.

deckchairdog · 27-11-2023 11:49pm

@Augme

Yes it was very strange. Leading me to believe it was some sort of scam at first. But there was noting to be gained from it.

I wouldn't be even expecting that he would bring it further himself. Not alone that he would get a settlement. You have to have a lot of cash behind you to get anywhere that way 😅

@Mrs OBumble we are irish, living in ireland. Interesting that you say that. I would imagine that means it's pointless even pursuing anything if that is the case there also.

Padre_Pio · 27-11-2023 11:53pm

I doubt he would be entitled to any compensation or redundancy having not worked there for long, regardless of the nature of losing his position.

Firblog · 28-11-2023 12:14am

Surely the contract he signed would state the length the contract is for, from X until Y (or for what number of months) @ what rate of pay? It wouldn't matter that he hasn't actually done any work for them? If they signed a contract that they would pay him, they should be legally obliged to pony up? Definitely get some legal advice on the contract that was signed.

Ted222 · 26-12-2023 11:31pm

Given that the employment relationship hadn’t even started, it might be difficult , frustrating and expensive to pursue legally and your efforts might be more fruitfully deployed in seeking new employment and putting this experience behind you.

For what it’s worth, you could consult ACAS, the uk equivalent of the WRC.

www.ACAS.org.uk

Buddy Bubs · 26-12-2023 11:38pm

Regardless of legalities, this is going to need one hell of a fight to get any compensation if indeed there is even any due. The existing staff are going to be pursuing too and you can't get blood from a stone as they say.

He doesn't sound like he has the stomach for the fight and you can't pursue it on his behalf really, could put a huge strain between you if you keep pushing him.

deckchairdog · 27-12-2023 10:48am

I think you're right. I feel he thinks it's not worth the fight. He's more of a look forward person I suppose. I did contact the wrc and the lady said, "could he not get his old job back?" She was empathetic but not much by way of info. Yes I think going forward it's better to move on... Thanks to everyone for the advice.

Dial Hard · 27-12-2023 11:07am

https://www.boards.ie/discussion/comment/121539899#Comment_121539899

In fairness, I'm not sure what advice you expected from the WRC about an employment issue in another country...

Iwantone · 27-12-2023 11:20am

Sorry to say OP you don’t have a case. A family member left a good job to take a position in a well known Irish marketing company only to be told a week before he started the role was being eliminated. His previous employer wouldn’t take him back.

The reason I say you don’t have a case is that there’s an also Barrister and a Judge in the family. Both were consulted and the result was moving on from this setback and a lengthy process of trying to find a new role.