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blackwolf

Member Since: 03 Nov 2009
Location: South West England
Posts: 17240

2007 Defender 110 Puma 2.4 DCPU Stornoway Grey

Charities are subject to rules which are if anything stricter than regular companies (I am a trustee of a charity and have been for 20 years or so).

However, it is still illegal to carry on business if you know or suspect that the business is insolvent, or if you cannot pay staff wages that are owing. If wages aren't being paid, then probably neither is anyone else. Employees are not at the top of the list of 'preferential creditors' and if the company winds up are very unlikely to be paid if full.

Unless you have a genuine reason to believe that tijs is a temporary hiccup and that the business will recover very soon (possible if it is a cash flow problem) I suggest (a) professional advice, then (b) a new job. Remember that if she leaves and gets a job which actually pays, the she will still be owed that unpaid wages and should get it if the original company recovers.

Improper conduct be charity directors (trustees) should be brought to the attention of the Charities Commission, which can make life very difficult for those acting improperly. The only downside is that there are now so many wierd and defective charities that the CC is rushed of its feet.

Sadly there are too many charities that are all too good at the not-for-profit bit and not good at anything else.

31st Jul 2016 9:06am

JJ

Member Since: 18 May 2009
Location: Winchester
Posts: 932

1987 Defender 110 V8 Petrol CSW Corris Grey

Do you want to name the company ? pm if you like.

The reality is that when a business gets in to difficulty more often than not a good boss will have already exhausted all avenues of funding and most likely over committed personally so they are also up the creek. ( Always exceptions )

I would look for work elsewhere but continue to attend and get a good reference from the current company

Just don't get sucked in to the situation and leave as soon as a new position opens up. At least the company are being up front and open which is a good sign.

Good luck. HR064 Hampshire and Berkshire 4x4 Response

31st Jul 2016 12:57pm

K9F

Member Since: 12 Nov 2009
Location: Bournemouth
Posts: 9610

2008 Defender 90 Puma 2.4 XS CSW Stornoway Grey

^^Whilst your sentiments may be good JJ it won't keep a roof over their heads or put food on the table surely? If you go through life with your head in the sand....all people will see is an ar5e!!

Treat every day as if it is your last....one day you will be right!!

31st Jul 2016 5:53pm

shaggydog

Member Since: 12 Aug 2012
Location: Kent
Posts: 3347

1991 Defender 110 200 Tdi USW Arles Blue

Thanks guys as always

It is a bit more difficult now as it is apparently an American registered company (presumably for tax reasons

) and there seems to be lots of very similar sounding companies within the same group with similar names all of which are very non nondescript. The more I look into it the more dodgy it sounds

I wont name them here because I know it can all be a bit litigious and I don't want to get in trouble

For now she is using up holiday while looking for other jobs. We have got a lot of searching to do as the job scene in Canterbury is not amazing, but there are plenty of jobs to be had.

Our biggest issue is the fact she hasn't got any formal paperwork to say she wont be paid or made redundant or fired so proving any of it to local council or job center will be tough.

Its the knock to her confidence which upsets me most, none of this is her fault but trying to help her out with looking and applying for stuff just upsets her and makes her feel like it is her fault.

Anyway, there may be some Land Rover and other bits available in the near future so watch this space

Running Restoration Thread http://www.defender2.net/forum/post323197.html#323197

Self confessed mileage hunter

1st Aug 2016 1:10pm

blackwolf

Member Since: 03 Nov 2009
Location: South West England
Posts: 17240

As far as I know an American company cannot be a UK registered charity, since I think it has to be a UK registered company to be a UK registered charity. Also, be aware that UK charities are exempt from Corporation Tax, so there would be reason to register 'offshore' for tax reasons.

Not all "not-for-profit" companies are charities (and many are very good at giving the impression that they are charities without actually saying so).

From what you have said, it sounds very hooky.

Deffo not her fault, by the way, no more than the vistim of any other crime is at fault. There are unspeakable people who prey on the goodwill of others, and there always will be. She has my sympathy, and I am sure also that of most if not all other readers of this thread.

1st Aug 2016 2:10pm

shaggydog

Member Since: 12 Aug 2012
Location: Kent
Posts: 3347

Thanks Blackwolf

She seemed a bit more positive today so that can only be a good thing.

The "buisness" seems to be getting dodgier and dodgier the more I look into it. According to companies house this is there registered main office/base https://en.wikipedia.org/wiki/Corporation_...rporation)

Make of that what you will

Running Restoration Thread http://www.defender2.net/forum/post323197.html#323197

Self confessed mileage hunter

2nd Aug 2016 1:09pm

blackwolf

Member Since: 03 Nov 2009
Location: South West England
Posts: 17240

It does sound as though just possibly it is not the most optimal company to work for!

I hope that between the two of you you can find her a more promising job and get this sorted. Sadly the world is now full of rogues and scoundrels.

2nd Aug 2016 2:38pm

X4SKP

Member Since: 29 Nov 2013
Location: Berkshire
Posts: 2293

2010 Defender 90 Puma 2.4 SW Stornoway Grey

Hello shaggydog

Bit of experience here...brother is lawyer and his firm have a division specialising in employment law.

Observations:
1. Gather all contract information she has and visit the CAB first.
2. If contract is strong (in your girlfriends direction) then possibly take action.
3. In any event, accept only written guidance (nothing verbal) from her existing employer via HR, Accounts
or Senior Management, as any basis on which to take a decision, stay or go.
5. Your girlfriend only has 8 weeks 'invested' in this company (chalk it up to experience, all be it a bad one).
6. Probably plan how to walk away ASAP.

Good Luck SKIP
https://www.defender2.net/forum/topic83242.html

2nd Aug 2016 3:10pm

GSLRO

Member Since: 13 May 2012
Location: Tyne and Wear
Posts: 499

Acas Helpline

Call our Helpline on 0300 123 1100 from Monday-Friday, 8am-8pm and Saturday, 9am-1pm for free support and advice.

Whether you are an employer, employee or representative, you can call the Acas helpline for free and impartial advice. Simply get in touch and we'll provide you with clear and confidential guidance about any kind of dispute or query that you have about relationship issues within the workplace. You may want to know about employment rights and rules, best practice or you may need advice about a dispute. Whatever it is, just give us a call, our team are on hand to respond within the hours below.

http://www.acas.org.uk/index.aspx?articleid=2042 Adventure isn't paved!

2nd Aug 2016 7:05pm

shaggydog

Member Since: 12 Aug 2012
Location: Kent
Posts: 3347

Thanks Guys

Now just got the horrible task of finding her another job and probably me a weekend job. Running Restoration Thread http://www.defender2.net/forum/post323197.html#323197

Self confessed mileage hunter

3rd Aug 2016 1:14pm

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