Hello, my name is ***** ***** it is my pleasure to assist you with your question today.can you tell me has the company ceased trading and or is there a possibility of a take over please.
it states in the letter i was given steps are being taken to place the company into liquidation on the 10th april. and i should regard my employment as terminated. the building where everyone normally carries out there duties and trades from has stopped. and as far as i am aware there is no plans of any take over.
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you
Many thanks for your patience. If your employment has been terminated by the company and you seek to go on to find other employment the that will not affect your redundancy entitlement. This is even if you had sought to do this before the employment was officially terminated – the fact that matters is that you are made redundant from the current employer. It is clear that the company has stopped operating and you were issued with formal notice of termination. You have the right to seek employment ASAP and will not be penalised in terms of any of the sums owed for doing so – no one would expect you to remain unemployed and you would naturally be expected to find new work or get benefits if you wish to rely on them. The sums you are legally and contractually owed as a result of the redundancy will not be affected and there is no need to wait for any specific period of time before you start a new job or register for JSA.
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
Hi thanks for the reply ben,
Does this also apply to my loss of notice as as i believe i am owed 12 weeks loss of notice also. as i was working there for 14 years and also 12 weeks redundancy?
is it true that if i get a new job inside of the 12 weeks notice i should get that the national insurance fund would take them wages out of the 12 weeks loss of notice or if i dont get a new job they would take off the amount amount i receive from jsa out of my loss of notice..thanks in advance
yes, this is a statutory entitlement which you get on termination of employment and it would not be affected
The last question I cannot answer unfortunately - that is a tax issue not an employment law, sorry
No prob, you mentioned though if i go on to find alternative employment then that wouldnt effect my 12 weeks redunancy but as for my 12 weeks loss of notice i need to speak to tax adviser for that one is that right?
No, in general it would not affect the notice period, it is just the NI element which you mentioned - you will still receive the bulk of it, I just can't tell you what the tax status on it would be
I appreiciate your help ben,
you are most welcome, all the best