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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48718
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was made redundant end of february, have filled out a RP1

Resolved Question:

I was made redundant end of february, have filled out a RP1 form, the new company i work for is run by the same director will this affect my claim
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. A director of a company does not necessarily have any shares or own the company for which they worked, so the fact you are going to work for another company of which he is a director, should not really make a difference. The occasions when this could be an issue are if the original company was not actually insolvent, or if there was a new company that was taking over the old one, in which case it could be argued that you were not actually made redundant. However, just because there is a link between the directors, would not generally make a difference

Customer:

Thanks for your reply just wanted to make sure I was not going to lose out on my renduancy pay. Another quick question i am allowed to claim for notice pay.

Ben Jones :

What actually happened, is the company going insolvent which is why it can't pay you?

Customer:

the company stopped trading on the 28th Feb and went insolvent offically yesterday. No money to pay us so we had to fill out the forms have been told as i have a job i cannot claim for any notice pay

Ben Jones :

Who said that?

Customer:

the insolvency company

Ben Jones :

No, just because you have a new job does not mean you cannot get notice pay.


The following debts, if owed to employees by an insolvent employer, can be recovered from the Government:



  • Up to 8 weeks' arrears of pay (up to the current maximum statutory limit on a week's pay) less basic rate tax and NI contributions.

  • Up to 6 weeks' holiday pay (up to the current maximum statutory limit on a week's pay) which accrued in the 12 month period ending on the date of the insolvency, less basic rate tax and NI contributions.

  • Statutory notice pay (up to the current maximum statutory limit on a week's pay) less basic rate tax.

  • Statutory redundancy payment less any amount already paid by the employer

Customer:

Ok thanks for your advice cant think of anything else to ask about this they were my main concerns

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