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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47902
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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in Oct 14 I was made redundant as the company closed due to

Resolved Question:

in Oct 14 I was made redundant as the company closed due to the retirement of the
manager.I was given plenty of notice but was told there were no funds available for
any payment of redundancy as there were neither cash or any assets left in the company
can I make a claim to a government department for payment if so how do I go about it
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me did the company go into receivership please.

Customer:

no it just closed through lack of trade

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Ben Jones :

Many thanks for your patience. If an employer becomes insolvent, an employee can issue and pursue legal proceedings against them for any money owed. Whether it is worthwhile suing an insolvent employer is another matter and very much depends on the status of the company and what, if any, money and assets they have left. In most cases, pursuing legal action against the company would be pointless as they are unlikely to be able to satisfy any court judgment against them.

The first step would be to contact the company’s insolvency practitioners (administrator, liquidator, etc.) to check if it is likely for any money or assets to become available for distribution amongst the company's creditors, including their employees.

If it appears unlikely that the company will be able to cover these payments, employees will also have additional rights to claim through the National Insurance Fund (NIF). The following debts, if owed to employees by an insolvent employer, can be recovered from the NIF:



  • 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


Any claims in excess of the above limits should be claimed from the insolvent employer in the usual way, such as through the insolvency practitioner or through court.

To be able to claim from the NIF, the following conditions must be met:



  • Only employees can claim, therefore the self-employed, agency workers, etc are not covered

  • The employer must have been made officially insolvent

  • The employee’s employment must have been terminated


Assuming the above criteria have been met, the procedure for claiming requires the application to be made to the Redundancy Payment Office responsible for the employer’s area, by using form RP1. To get a copy of the form and for further details, you can contact the Redundancy Payments Helpline on 0845(###) ###-####

However please note that you can only claim from this if the employer was insolvent. If they just closed down but did not go insolvent then the Government cannot help you and you will need to continue pursuing the employer.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

ok thanks for your answer

Ben Jones :

you are welcome, all the best

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