Crystal Umbrella Gone Bust

[bobof]

Mildly interesting development; as of 5/Dec/2018 my employment at Unitum Operations has ceased according to the HMRC website. No P45 yet, though the tax authorities have had a P45. Tax code is a little bit less of a mess as the HMRC computer is no longer predicting a ridiculous income for the rest of the year; however it is still erroneously double counting the Aqua Bubble income in the Unitum Operations income, so I do currently look to be underpayed on tax. HMRC have told me this is an issue that has come from Unitum Operations; their recent P45 erroneously includes the amount earnt under the previous P45.

Even more interesting development; a P45 was issued (I've never seen it) by Aqua Bubble Ltd in September; the taxman has this. So I have silently been transferred and my employment at Aqua Bubble ended and moved to Unitum Operations in September. Would this have been TUPE? I know nothing of it so I >assume< so. However, this might be an issue I guess for being made whole via the redundancy route as now my recent employment is 3 months instead of however many years I've been there...

[WilliamAC1]

Mildly interesting development; as of 5/Dec/2018 my employment at Unitum Operations has ceased according to the HMRC website. No P45 yet, though the tax authorities have had a P45. Tax code is a little bit less of a mess as the HMRC computer is no longer predicting a ridiculous income for the rest of the year; however it is still erroneously double counting the Aqua Bubble income in the Unitum Operations income, so I do currently look to be underpayed on tax. HMRC have told me this is an issue that has come from Unitum Operations; their recent P45 erroneously includes the amount earnt under the previous P45.

Even more interesting development; a P45 was issued (I've never seen it) by Aqua Bubble Ltd in September; the taxman has this. So I have silently been transferred and my employment at Aqua Bubble ended and moved to Unitum Operations in September. Would this have been TUPE? I know nothing of it so I >assume< so. However, this might be an issue I guess for being made whole via the redundancy route as now my recent employment is 3 months instead of however many years I've been there...

Under TUPE, your existing rights and terms and conditions remain the same and continuity of employment is maintained so shouldn't affect any rights you may have via redundancy. However the whole thing is a mess as there appears to have been no notification to anyone about these changes (Have we or have we not been TUPE'd?), nor does it appear anyone has had any formal communications from the insolvency practitioner :-(

It shouldn't be difficult to send a letter to all "employees" about what's happening and what the next steps are. Not sure where we stand here and what we can do about it, although we could look to complain the appropriate regulatory body (in this case, the individuals appointed are regulated by the Solicitors Regulation Authority and the Insolvency Practitioners Authority. There do seem to be so many issues with how the whole thing has been handled.

In addition, it maybe that Colin Howell (a qualified accountant and director of Unitum/Aqua Bubble, etc) has behaved unprofessionally so a complaint to his regulator may also be appropriate.

[Samantha26]

Mildly interesting development; as of 5/Dec/2018 my employment at Unitum Operations has ceased according to the HMRC website. No P45 yet, though the tax authorities have had a P45. Tax code is a little bit less of a mess as the HMRC computer is no longer predicting a ridiculous income for the rest of the year; however it is still erroneously double counting the Aqua Bubble income in the Unitum Operations income, so I do currently look to be underpayed on tax. HMRC have told me this is an issue that has come from Unitum Operations; their recent P45 erroneously includes the amount earnt under the previous P45.

Even more interesting development; a P45 was issued (I've never seen it) by Aqua Bubble Ltd in September; the taxman has this. So I have silently been transferred and my employment at Aqua Bubble ended and moved to Unitum Operations in September. Would this have been TUPE? I know nothing of it so I >assume< so. However, this might be an issue I guess for being made whole via the redundancy route as now my recent employment is 3 months instead of however many years I've been there...

I’m the same! So least something is being sorted. Opus have told me to sit tight and the Unitum issue re duplication will be sorted in due course.

[bobof]

I’m the same! So least something is being sorted. Opus have told me to sit tight and the Unitum issue re duplication will be sorted in due course.

HMRC told me that what they need to do is raise a correct P45 which doesn't have the double-counted income.

We shall see. Now what I really want to know is the status of this invoice which is raised but unpaid.

[killingtime]

The story below is remarkably similar to what happened at Crystal, and the employees appear to have achieved some financial redress for the way they were treated:

Remember Misco? Staff win protective award at employment tribunal • The Register

The tax man picks up the tab if the story is to be believed. Just as well as I can't imagine that Unitum will have much in the way of assets.

How would former employees go about this; raise an employment tribunal grievance?

[McTrucky]

Just spoke with the liquidator.

• A letter is coming out today to the 'several hundred' employees.
• Atlantic Umbrella was liquidated in September and employees transferred to Unitum at that point. (I was unaware of this, as were a number of others spoken to - there will be a follow up to that by the liquidators)
• There will be an investigation of Directors Practice as to how we ended up in this position.
• Unitum was liquidated last week.
• As Unitum was liquidated I am free to engage employment elsewhere - so I can at least sign up with a new Umbrella - Dolan here I come...

At least the discussion with Opus was constructive and professional and I am optimistic that they will handle things well.

[northernladuk]

Just spoke with the liquidator.

Good news(ish) at last. At least someone is speaking to you.

[*]A letter is coming out today to the 'several hundred' employees.

So not the 10k that was on the old site or the 50k that appeared on the new one then :

[*]Atlantic Umbrella was liquidated in September and employees transferred to Unitum at that point. (I was unaware of this, as were a number of others spoken to - there will be a follow up to that by the liquidators)

Is this good news that they are following it up? What if they did this incorrectly and has messed up redundancies and the like? Does it matter that it might be a whole can or worms or is it too late for that?

[*]There will be an investigation of Directors Practice as to how we ended up in this position.

What normally comes out of the this. Do they have a quick look and say 'Didn't make any money so it went bust. Oh well' or is it a detailed view which would look closely at the directors and business to see if they've been living up to their responsibilities. Do they look at all these business related to this? The fact one of the directors (Alan) is a director of Pendragon's client LTD doesn't look right at all for example? Do the liquidators really care?

[*]As Unitum was liquidated I am free to engage employment elsewhere - so I can at least sign up with a new Umbrella - Dolan here I come...[*]

I don't think anyone doubted this from the off to be honest. I do hope not too many people got hoodwinked in to signing up for Pendragon under false pretences.

At least the discussion with Opus was constructive and professional and I am optimistic that they will handle things well.

If there is no money then it's not really going to help you though is it?

[killingtime]

People need to check the company that's on their contract of employment - the one you signed - and see if they're a) still trading and b) still employed by them.

The 'Crystal' brand has used multiple companies over the years and some have kept the name and swapped numbers, see my earlier posts about c.house information.

Mine is with Crystal Umbrella Limited, which is still active on the c.house website.

Was I made redundant? Do I still work there? Not sure.... as I haven't received a P45 in the years I've been with Crystal.

I do know that the Employers Ref on my payslips changed and HMRC thought I'd started a second job - so this is the point where my employer changed - to who I don't know though as the name isn't published on the payslip - only the brand which remained the same. Technically, I could still be working for multiple 'Crystal' companies if I was not made redundant from any of them.

There's no way to know other than checking with HMRC whether you still work for the company you signed up with (via the Employers Ref on your payslip) - as Crystal don't seem to have sent out any P45s and not told anyone if they've been made redundant.

Look though all your payslips and make a list of all the Employers Refs. You'll have to quote the Employers Ref code to HMRC and see what company(s) they think employed you.

Once HMRC confirms you no longer work for the company you signed with then there are grounds to take the matter further - if you were not informed before the move.

EDIT-----

After speaking with HMRC here are the payslip reference codes (in case you want to decode your payslip):

083/RA49887 - Aqua Bubble Limited
321/TA50250 - Unitum Operations Limited

I was transferred from Aqua Bubble to Unitum in September - without any agreement from myself or a P45.

Interestingly...I've never been paid by the company on my written & signed contract (which is still active) and at present I'm unemployed according to HMRC.

I hope I don't have to pay all my wages back. Eeeek!

[WilliamAC1]

All
Just received my mail from Opus re Unitum Operations going into Liquidation (addressed to all known contractors) and stating that we can make a claim using the gov.uk claim redundancy website, along with a claim reference number. They have also identified an individual from Clumber Consulting who can help us with the claim. The issue is that in order to make this claim you need to refer to your contract of employment (I assume with Unitum Operations). As a number of us don't have a contract with Unitum, its difficult to know where we stand on this. I have therefore asked for some guidance from Clumber Consulting about what we should do here and if they come back with any info I will post it here.

William

Its a shame that Opus have not provided any information about when we can expect to receive P45's etc (I don't have access to the Crystal Portal and have not received any payslips for a while (although have been paid ) so need to have some visibility on this

[Samantha26]

People need to check the company that's on their contract of employment - the one you signed - and see if they're a) still trading and b) still employed by them.

The 'Crystal' brand has used multiple companies over the years and some have kept the name and swapped numbers, see my earlier posts about c.house information.

Mine is with Crystal Umbrella Limited, which is still active on the c.house website.

Was I made redundant? Do I still work there? Not sure.... as I haven't received a P45 in the years I've been with Crystal.

I do know that the Employers Ref on my payslips changed and HMRC thought I'd started a second job - so this is the point where my employer changed - to who I don't know though as the name isn't published on the payslip - only the brand which remained the same. Technically, I could still be working for multiple 'Crystal' companies if I was not made redundant from any of them.

There's no way to know other than checking with HMRC whether you still work for the company you signed up with (via the Employers Ref on your payslip) - as Crystal don't seem to have sent out any P45s and not told anyone if they've been made redundant.

Look though all your payslips and make a list of all the Employers Refs. You'll have to quote the Employers Ref code to HMRC and see what company(s) they think employed you.

Once HMRC confirms you no longer work for the company you signed with then there are grounds to take the matter further - if you were not informed before the move.

EDIT-----

After speaking with HMRC here are the payslip reference codes (in case you want to decode your payslip):

083/RA49887 - Aqua Bubble Limited
321/TA50250 - Unitum Operations Limited

I was transferred from Aqua Bubble to Unitum in September - without any agreement from myself or a P45.

Interestingly...I've never been paid by the company on my written & signed contract (which is still active) and at present I'm unemployed according to HMRC.

I hope I don't have to pay all my wages back. Eeeek!

Was anything mentioned about the duplication of earnings situation?