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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was made redundent a couple of weeks ago and my employer

Customer Question

I was made redundent a couple of weeks ago and my employer told me i was entitled to some redundancy pay as i had been with the company for just over 2 years.I have now heard from a work mate,who is also entitled to redundency pay saying that we will get the money but with no date in mind as the owner of the company says that he has no money to pay us.Please could you advise. Many thanks.Leslie Heath.
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 8 months ago.

Please can you tell me the employer's reason for making your position redundant?

Customer: replied 8 months ago.
He overstretched his finances and also had a bad payer on our last job.
Expert:  Ben Jones replied 8 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 8 months ago.

Many thanks for your patience. If you have indeed been working there for more than 2 years then you would be entitled to a redundancy payment if you are being made redundant. Whilst in an ideal word the employer would pay that, if there are issues with finances or cashflow, they may not be able to immediately pay you or to pay you at all. In that case you have a couple of options.

You can issue and pursue legal proceedings against them for any money owed. Whether it is worthwhile suing an employer with financial problems is another matter and very much depends on the status of the company and what, if any, money and assets they have left. In most cases, pursuing legal action against the company would be pointless as they are unlikely to be able to satisfy any court judgment against them.

If you decide not to sue then your only rights would be if the employer becomes insolvent, i.e. they close down due to administration or liquidation. The first step would be to contact the company’s insolvency practitioners (administrator, liquidator, etc.) to check if it is likely for any money or assets to become available for distribution amongst the company's creditors, including their employees.

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

Any claims in excess of the above limits should be claimed from the insolvent employer in the usual way, such as through the insolvency practitioner or through court.

This is your basic legal position. I have more detailed advice for you in terms of the ways you have to go about claiming from the NIF, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 8 months ago.
Thankyou for your advice.It puts me in the picture very clearly.
Expert:  Ben Jones replied 8 months ago.

Thank you. 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(###) ###-####

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