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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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I have won an employment tribunal against my former employee

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I have won an employment tribunal against my former employee but the company have gone into voluntary liquidation. I have since received a copy of a letter informing them that as it was voluntary, they are still liable to pay me what I am owed. I have since heard nothing from anyone. I just wondered how I should be approaching this and whether I am indeed likely to be paid.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
Whilst it is true that the employer would still be liable for the debt, they cannot be forced to pay you and if they refuse to do so you are left with only one option and that is to try and enforce the tribunal judgment in the civil courts.
Whether you do so is always a tricky question to answer, especially as it will depend on the financial status of the company and the likelihood of it being able to meet the liabilities it has towards you. It will depend on its cashflow, assets, and also how much resistance they put in. These are all very difficult to predict so to tell you whether you will be successful or not is impossible. Often, until you actually try you would not know whether you had any chance of getting anything back.
It is nevertheless important to consider the practicalities of making a claim. Even if the claims is successful, the award will rank as an unsecured debt, which means you may only recover a percentage of your claim (which may be a few pence in the pound) or nothing at all. Furthermore, you will generally also bear the costs of bringing the claim so it is inevitable there would be further costs expended on your part.
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
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(###) ###-####
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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