How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45313
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

, I have been made redundant after 14 years on 27th march

Resolved Question:

Hi,
I have been made redundant after 14 years on 27th march as the company is being placed into creditors voluntary liquidation.
I was not given any notice and was given a letter in a meeting held with the insolvancy practioners (begbies traynor) and ex employer on the 27th march stating this and also that i should regard my employment terminated, I am assuming from the date i was given the letter (27th march) in the meeting although it stated in the letter steps are being taken to place the company into liquidation on the 10th april.
I have filled out and sent off the RP1 form as i am owed 12 weeks redundancy, 12 weeks loss of notice, holiday pay, and wages owed. that the company is unable to pay which was also stated in the letter.
I have not yet registered for jsa yet but i am planning on doing so today.
But my question is if i seek work now and register with the job center and i am offered a job can they withdraw any redundancy i am owed? and also the same for my loss of notice? is there any length of time i should wait before getting a new job so it will not effect my redundancy OR loss of notice.
this happened to all employees at the company well over 20 staff and made everyone redundant as the company was unable to pay its debts.
Many thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Ben Jones :

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.

Customer:

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.

Ben Jones :

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

Customer:

ok Thankyou.

Ben Jones :

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

Customer:

Hi thanks for the reply ben,

Customer:

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?

Customer:

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

Ben Jones :

yes, this is a statutory entitlement which you get on termination of employment and it would not be affected

Ben Jones :

The last question I cannot answer unfortunately - that is a tax issue not an employment law, sorry

Customer:

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?

Ben Jones :

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

Customer:

I appreiciate your help ben,

Customer:

cheers

Ben Jones :

you are most welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45313
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 4 other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10492
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10492
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions