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Buachaill, Barrister
Category: Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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I am a Director of a company which went into liquidation 08/13.

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I am a Director of a company which went into liquidation 08/13. My wife was an employee and had been employed for 10 years. The liquidators Philip Gill & Co were handling the liquidation and within the first week had set up a meeting with all members of staff to complete RT1 redundancy forms.This form was completed by my wife and accepted.It now has come to light that they did nothing with her form and so when we asked Employment and Learning they rejected her claim as it was outside 6 months. I subsequently queried the liquidator who replied to my email stating that they did indeed have the completed form and would forward to E&L with explanation. E&L are still rejecting the claim and now we have applied for a ET1 form to start Tribunal proceedings. Do you think my wife has a right of action against Philip Gill (Now trading as PJG Recovery)
Buachaill :

1. Yes your wife does have a claim against Philip Gill & Co. in these circumstances as they were negligent in not forward the RT1 redundancy form to E&L. A liquidator owes a duty to all employees of a liquidated company when he is acted as liquidator to take care that their interests are not prejudiced by his actions when dealing with the liquidation. Here if E&L fail to accept or if your wife is at a loss owing to the non forwarding of the redundancy form, then your wife has a cause of action against Philip Gill in negligence. The liquidator will carry professional indemnity insurance to cover against losses suffered by his actions. So if you do not get a positive response within 14 days, then you should get yourself a solicitor and sue Philip Gill.

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