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Quote: McClennan "www.xperthr.co.uk/article/112622/6-april--qualifying-period-for-unfair-dismissal-increases-from-one-to-two-years.aspx

Reading that Potter may have a claim but, as I said, I'm pretty sure the Bulls could argue a case that it's justified. Even if they haven't he wouldn't get a hearing until past the end of the season and by then they'd probably settle with him anyway.'"


I don't think they would have a leg to stand on and there problems isn't a justified reason for making someone redundant.

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Quote: St pete "I don't think they would have a leg to stand on and there problems isn't a justified reason for making someone redundant.'"


Having no money is a justified situation. Doesn't matter anyway because if they want to get rid, which they obviously did, they can do. When it comes to liquidation people are generally at the bottom of the food chain with business creditors at the top. I agree with you that Potter is likely to have a strong case but the club will just settle if there's any legal fallout with him and the other employees. If it does go under and a new company comes I'm not entirely sure how that works though.

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Quote: McClennan "www.xperthr.co.uk/article/112622/6-april--qualifying-period-for-unfair-dismissal-increases-from-one-to-two-years.aspx

Reading that Potter may have a claim but, as I said, I'm pretty sure the Bulls could argue a case that it's justified. Even if they haven't he wouldn't get a hearing until past the end of the season and by then they'd probably settle with him anyway.'"

I don't see how Potter or any other redundant employee in this instance has a case for unfair dismissal since the company is in administration.

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Got to feel for the guy though, as his missus lost her job at the Bulls too.

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Quote: SaintsFan "I don't see how Potter or any other redundant employee in this instance has a case for unfair dismissal since the company is in administration.'"


Can't say I'm familiar with what happens in such circumstances. I would guess that he may have a claim but whether he would get any money out of it I don't know. The liquidators though will probably either have had plenty of experience of doing similar and a legal team that's given them the information so that they could weigh up the options. They know what they're doing and this guy is supposed to be pretty lethal.

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Redundancy does not apply once they went into administration. The reason why an employer would not be too hot on these details, is because employers do not need to know.

Lay-off
It is possible your employer is not officially insolvent but they still cannot pay you. In this case, they could be forced to lay you off or put you on short time.

What you can claim

You can claim for all your outstanding pay from the insolvency practitioner. There is no guarantee that the full amount you are owed will be paid as this depends on whether enough funds are raised from the sale of your employer’s assets.

Some debts, including holiday pay and wages, will be 'preferential debt' when your employer’s assets are shared out. This means they must be paid before certain other debts.
As full payment cannot be guaranteed, there are special arrangements for employees to claim the basic minimum of debts owed to them from the National Insurance Fund. These claims are:
redundancy
wages - up to a maximum of eight weeks
holiday pay - up to a maximum of six weeks
compensatory notice pay - one week after one calendar month's service rising to one week per year of service up to a maximum of 12 weeks (new earnings will be taken into account)
There is a limit of £400 a week (£430 a week from 1 February 2012) on the amount you can claim for your weekly pay.



www.direct.gov.uk/en/index.htm
Redundancy does not apply once they went into administration. The reason why an employer would not be too hot on these details, is because employers do not need to know.

Lay-off
It is possible your employer is not officially insolvent but they still cannot pay you. In this case, they could be forced to lay you off or put you on short time.

What you can claim

You can claim for all your outstanding pay from the insolvency practitioner. There is no guarantee that the full amount you are owed will be paid as this depends on whether enough funds are raised from the sale of your employer’s assets.

Some debts, including holiday pay and wages, will be 'preferential debt' when your employer’s assets are shared out. This means they must be paid before certain other debts.
As full payment cannot be guaranteed, there are special arrangements for employees to claim the basic minimum of debts owed to them from the National Insurance Fund. These claims are:
redundancy
wages - up to a maximum of eight weeks
holiday pay - up to a maximum of six weeks
compensatory notice pay - one week after one calendar month's service rising to one week per year of service up to a maximum of 12 weeks (new earnings will be taken into account)
There is a limit of £400 a week (£430 a week from 1 February 2012) on the amount you can claim for your weekly pay.



www.direct.gov.uk/en/index.htm


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Quote: bewareshadows "Redundancy does not apply once they went into administration. The reason why an employer would not be too hot on these details, is because employers do not need to know.

Lay-off
It is possible your employer is not officially insolvent but they still cannot pay you. In this case, they could be forced to lay you off or put you on short time.

What you can claim

You can claim for all your outstanding pay from the insolvency practitioner. There is no guarantee that the full amount you are owed will be paid as this depends on whether enough funds are raised from the sale of your employer’s assets.

Some debts, including holiday pay and wages, will be 'preferential debt' when your employer’s assets are shared out. This means they must be paid before certain other debts.
As full payment cannot be guaranteed, there are special arrangements for employees to claim the basic minimum of debts owed to them from the National Insurance Fund. These claims are

Spot on. Forget about employment law when in administration, the administrator can sack everyone if he wants to. I am actually surprised all the players have survived.

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Quote: Noel Cleal "Spot on. Forget about employment law when in administration, the administrator can sack everyone if he wants to. I am actually surprised all the players have survived.'"




So far!!!


They get their marching orders tomorrow....



There are some interesting You Tube clips on from the fans meeting tonight.


ps I can't take credit for the knowledge, cut and pasted from direct gov.

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Bulls players were called into a meeting today by the administrator. Who then didn't show up at all and didn't cancel the meeting.

See here: https://twitter.com/#!/Jarrod_Sammut

Will be interesting to follow the players feelings on Twitter.
Bulls players were called into a meeting today by the administrator. Who then didn't show up at all and didn't cancel the meeting.

See here: https://twitter.com/#!/Jarrod_Sammut

Will be interesting to follow the players feelings on Twitter.


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Quote: Noel Cleal "Spot on. Forget about employment law when in administration, the administrator can sack everyone if he wants to. I am actually surprised all the players have survived.'"


I would imagine, from an administrator point of view, the players are the only real source of income (ie no players, no games, no money).

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To arrange a meeting with the players and then not turn up is appalling. The man should be hung, drawn and quartered for playing with people like that. Scumbag.

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Quote: SaintsFan "To arrange a meeting with the players and then not turn up is appalling. The man should be hung, drawn and quartered for playing with people like that. Scumbag.'"


You don't know why though. It could be that he's had to divert to a vital meeting about securing the future of the club?

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Quote: Saddened! "You don't know why though. It could be that he's had to divert to a vital meeting about securing the future of the club?'"

I'm sure he'd have rung ahead or sent some sort of message, if that was the case.

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Quote: Saddened! "You don't know why though. It could be that he's had to divert to a vital meeting about securing the future of the club?'"

No, it wasn't as it turned out. He's issued a statement. He said he had no updates to give the players and so thought they could 'have a day off'. He allegedly told the captain the night before but apparently it was too late for 'the captain' to communicate everything to the players.

Nothing like pushing the blame elsewhere! He's still a scumbag. He's playing games again now, saying that a previous potential investor who had said no is now looking again due to the 'commitment of the fans'. I wouldn't be surprised if that investor mysteriously disappears before Friday.

rlHere's the statement.rl

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Quote: Noel Cleal "Spot on. Forget about employment law when in administration, the administrator can sack everyone if he wants to. I am actually surprised all the players have survived.'"


Administrators aren't gods and can be challenged (see Rangers case ad nauseum). The original question was whether they can make Potter redundant and then hire a replacement (Nobby). The answer is not; at least not legally as it would just be seen a false device to replace staff.

In this case it won't apply as Nobby is not going to be employed as such as he is offering his services free of charge for the remainder of the season out of a (some would say mis-guided) sense of civic duty.

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