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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44398
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello, I was just wanting to find out if there is a possibility

Resolved Question:

Hello, I was just wanting to find out if there is a possibility of bringing a case against my husband's former employer, here is a brief background;
. General Manager of a hotel for 18/19 years
. February 2013 the owner of the operations company (spilt company into 2 - operations and the actual building) filed for voluntary insolvency this making my husband redundant or should I say his position as I believe it is the job not the person
. This caused much stress to my husband as he has always been the breadwinner of the family and now he had no way of supporting our family with only the very basic redundancy pay from the government being received eventually
. My husband is suffering from depression which was brought on my the whole situation and my husband has been on medication since, from memory, March 2013
. My husband's former husband still own's the actual hotel and I understand has another company and as far as I understand is not financial struggling
Any advice you could give would be greatly appreciated.
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When exactly did his employment termnate?

Customer: Hi Ben, I think it was 25th February 2013.
Customer: Sorry Ben I should say no notice was given he received a letter which was with immediate effect!?
Ben Jones :

Thank you. Did h have a contract which entitled him to enhanced redundancy pay or a notice period?

Customer: I am not 100% sure but a contract was drawn up but never signed, as far as I know it was 12 months notice. I am looking into this matter more myself as mentioned he now takes medication for depression this is not a great situation and he has been on this for nearly a year, at this stage I do not see him ever coming off medication.
Ben Jones :

So he was employed by a limited company I presume and that company no longer exists?

Customer: yes the operations side was a limited company the owner did voluntary insolvency
Ben Jones :

ok let me get my response ready please

Customer: okay, I look forward to hearing from you.
Ben Jones :

There are a few issues here that may make claiming difficult and I will discuss these below.


Firstly, the most appropriate claim here would have been for unfair dismissal because there may not have been a fair reason for dismissal or a fair procedure was not followed. However, there is a strict time limit for claiming and that is 3 months from the date of dismissal so he would be too late to submit a claim now.


If he was not entitled to an enhanced redundancy payment then he would only be entitled to receive the minimum statutory redundancy amount, although the time limit for claiming that is 6 months so again he is out of time. You did mention that he has received a redundancy from the Government though so that could already be the minimum he is entitled to anyway (you can calculate his entitlement here:


Assuming it is not possible to claim unfair dismissal, he would only be looking at potential breach of contract claims as these can be made within 6 years of the breach occurring. These would be based on his contractual terms and what he was due to be paid on termination but was not. For example, it would be the notice period, which he should have been issued with on termination. The problem here is that if his employer is no longer in operation, there would be no one to claim against. If he was employed by a limited company then that is his employer and he can only pursue the company as it is its own legal entity. He cannot pursue the individuals behind it. If the company is insolvent and no longer exists then there is no one to claim against and pursuing any claim would be pointless as it is unlikely anyone would be able to make the payment.


Instead he could try and make a claim from the Government for any notice pay or holidays he was owed on termination but these would be subject to certain limits and he would certainly not get a 12 months’ notice from them, the maximum would be about 12 weeks. He can contact the Redundancy Payments Helpline on 0845(NNN) NNN-NNNNto see if he will be covered by them.


Customer: is there anyway I/we can claim his ill health on the situation and get some form of compensation from the individual meaning the former employer. He did receive the minimum entitlement from the government.
Ben Jones :

the only potential claim for his ill health is a personal injury claim where you have to show that he has suffered a recognised psychiatric illness, which was caused by the negligence of someone else and the injuries were reasonably foreseeable. s it can be a technical area of law you are best advised to seek formal advice from a personal injury lawyer - many can potentially work on a no win no fee basis or could even give you an initial free consultation

Customer: Thank you Ben, I may look into that, I feel quite strongly that my husband committed to this guy for so many years only to be dismissed as nothing causing my husband stress and depression. Crazy that he is able to get away without paying individuals and suppliers what is due and not actually loosing financially himself as he still owns the hotel, a business in Bristol and a home in the States. Thank you again. Dawn
Ben Jones :

I know but especially with limited companies the owners can escape many liabilities quite easily. Hope you manage to get something out of this anyway, all the best

Customer: Thank you.
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44398
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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