Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When exactly did his employment termnate?
Thank you. Did h have a contract which entitled him to enhanced redundancy pay or a notice period?
So he was employed by a limited company I presume and that company no longer exists?
ok let me get my response ready please
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: https://www.gov.uk/calculate-your-redundancy-pay)
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.
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
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