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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46227
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was working co from 1988-2008 they sold the co to someone

Resolved Question:

I was working for a co from 1988-2008 they sold the co to someone who took me on doing the same job same contract, over the years the co changed names 5 times but still kept me on in continued employment with the same contract on their letter headed paper.
On the 30/9/2014 the co became insolvent but opened up in a new co name and again took me on doing the same job etc etc. I tried to claim statutory redundancy from that co but was told i had been transfered to the new co before the old co was made insolvent. I carried on working for the new co until on the 30/12/2014 i was told my services were no longer needed and the co were moving and not taking me with them. I am 57 years old and now on job seekers allowance. Is it worth taking my old employer to an employment tribunal to claim redundancy? i don't think he has any assets as i think every thing is leased? What are my chances of winning the case?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Was it a limited company you worked for last?
Customer:

yes

Customer:

Hi Ben

Customer:

Can you help me

Customer:

yes i think it was a limited co, can you help me? Why have you gone off line?

Customer:

Are you coming back on line to help me?

Ben Jones :

I am still here

Customer:

Hi Ben

Ben Jones :

Legally you would be entitled to claim your redundancy payment, your notice pay and any outstanding holidays. Assuming that your service was indeed transferred over the years up to the last employment you had, then you would be entitled to receive these payments if the employer has suddenly decided they no longer need you. You have already tried the conciliation process with ACAS and that has not helped, you now have the chance to make a claim at tribunal. The main issue is what would happen if you win but the employer simply refuses to pay you. Even with a tribunal judgment in your favour, it is not a guarantee for payment – you still rely on the cooperation of the employer to agree to pay you what is due and if they refuse to do so then you are going to have to pursue them to try and enforce the judgment. This could take a while and will inevitably cost you more as you try different methods, such as bailiffs, charging orders, etc. so there will always be a risk in case the employer does not play fair. They could also just go insolvent again and close the company down and with no assets you are unlikely to get much success in getting anything from them. It does however then open up the chance to claim from the Government as they will cover part of what you are owed – however for that to happen the company must have gone insolvent first so you would either have to petition for their insolvency or let them close it down.

Customer:

Have you got any answers for me?

Ben Jones :

yes see above please

Customer:

ok. Do you think i have a good chance of winning the case?

Ben Jones :

winning - yes, getting the money back - a whole different ball game and depends on the status of the company

Customer:

I have never been to any tribunals before and do not have anyone to represent me. Will i just have to stand in front of a judge and tell them my side of the claim or what happens in a hearing?

Ben Jones :

many claimants go unrepresented - it is not that formal. But yes it is just in a room (not a formal court) and you discuss with the judge your claim and present any documents to support it - they may ask you questions but they know you have no legal representation

so they will not be hard on you

Customer:

Will my ex boss have to be there?

Ben Jones :

they would be expected to in order to defend the claim but they could refuse to turn up

Customer:

What sort of documents will i need to take with me?

Ben Jones :

anything related to the claim - contracts, pay slips, correspondence

confirming transfers etc

Customer:

I did not get a written contract from the last company name change, do you think that would make things worse for me?

Customer:

If they refused to turn up would i win the case?

Customer:

Would i know before the court hearing if they are going to turn up or not?

Ben Jones :

you would not know until the day - but if they do not defend

the claim then you can get judgment in default and win automatically. The lack f contract will not necessarily be an issue, here are other documents like payslips that can show what you earned and how long for

Customer:

When i pay the tribunal to get the case underway i take it that they will then inform my Boss of what is happening? it might be in his best interest to settle out of court as if i win the case he would have court costs to pay as well wouldn't he? Do you thinks it is best to go for the redundancy payments or do you think i might have a case for unfair dismissal ?

Ben Jones :

yes they will send him a copy of the claim form and ask for a response within 28 days. But remember he could just bury his head in the sand and just ignore the process - even if you win it does not guarantee payment

, you still have to take formal enforcement action to try get some money back and that could take a while, will cost more and it is still not a guaranteed success. So remember that before proceeding. You can claim redundancy and unfair dismissal - there is a case for both here

Customer:

Is there any other legal help or advice you can give me at this time before i actually pay the courts to start the process?

Ben Jones :

no you have a claim and you can pursue it but the most important thing is to be aware that even if you have a valid claim and win at tribunal it does not guarantee you will get anything back and if someone knows how to play the system they can lead you on a long wild goose chase and try to dodge various attempts by you to get what you are due so it could be a difficult period trying to get anything back

Customer:

I have already filled in the on line employment tribunal claim form for redundancy , should i or can i change it to unfair dismissal?What would be the best to go for? Do you think it might be an idea to get a solicitor to write a letter to him before it gets to court? if so how much would it cost for a solicitors letter?

Ben Jones :

you can claim both and can amend it if needed. A solicitors letter could be up to £100 - you an try it but it is not necessary

Customer:

Ok. One last thing, i have to pay £160 to start the case do you know what other charges i will have to pay and how much court costs are?

Customer:

Is there any other advise you can give me that i might need to know before it gets to court?

Customer:

Hi Ben are you still there?

Customer:

Hi Ben as soon as you have answered the above i will rate below and finish

Ben Jones : Hello I need to check the charges in more detail I will respond this afternoon fully many thanks
Customer:

Thank you so much

Customer:

Hi Ben me again. What happens if i lose the court hearing do i have to pay any other costs?

Ben Jones :

Thanks for your patience. So the issue fee for the claim you have is £160 – this is just done to submit the claim to the tribunal. After that you will also have to pay a hearing fee of £230. This is the minimum to get the case heard at the tribunal. There could be ancillary fees such as if you have a request for review of an application etc but these should not occur. If you were to lose the case then you are highly unlikely to have to pay the other side’s fees – in a tribunal each party pays their own costs – there are rare circumstances when you may be penalised by the court but only if you have acted unreasonably or pursued a claim after being warned that it has no reasonable prospects of success.

Hope this clarifies matters for you?

Customer:

Thank you so much. Yes things are a lot clearer now.

Customer:

Jackie

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46227
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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