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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61658
Experience:  Qualified Solicitor
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My husband was made redundant in July 2019 due to business

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My husband was made redundant in July 2019 due to business going insolvent. Applied for gov redundancy but was denied as insolvency practitioners claimed it was subject to tupe. 10 people including my husband filed an employment tribunal claim and they all attended prelim hearing in June. A three day hearing was set for November. However my husband withdrew his claim as he couldn’t attend and couldn’t afford representation as he is a career for myself as I’m disabled. The claim was successful in the tribunal but now we don’t know if he will get his redundancy pay? Will the government now payout on all the claims originally put in from insolvency of business or just the tribunal ones? Does my husband have to do anything to get his redundancy pay now?
Assistant: Was the termination discussed with a manager or HR? Or with a lawyer?
Customer: Pearl that’s not relevant to my question surely?
Assistant: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Still not relevant
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long had he worked for his employer?

Customer: replied 5 days ago.
Since 2013

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 5 days ago.
He had a valid ET1 but couldn’t attend full hearing so pulled out as he feared being penalised if claim was lost if he couldn’t attend hearing although he had attended prelim hearing and had applied for redundancy with the insolvency service once he had the case number from insolvency practitioners.

Many thanks for your patience. As the claim was withdrawn, its outcome would have no bearing on him, especially as each case is considered on its own individual merits. Therefore, just because colleagues of his may have won their claims, does not mean he would have won his as well, no matter how similar their cases were. He can nevertheless use this as an example when going back to the Insolvency Service to trey and claim his redundancy from them and hope that they would take it into account, but as mentioned, they are not legally obliged to. As he cannot make a claim again, his best option is to go back to the Insolvency Service and, together with the outcome of the claims of the other employees, hope that they change their position in this respect.

 

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Customer: replied 4 days ago.
But there were about 30 employees, not all applied for redundancy from insolvency service but anyone who did was refused solely on the basis that the business was transferred and so they were subject to tupe. This has now been judged to be incorrect so should the insolvency service now not pay all of them regardless because they were never tuped over so the liquidator has wrongly denied the claims?
Customer: replied 4 days ago.
It was a not ruled on individually it was just deciding if tupe applied, if yes then no redundancy payments, if no then redundancy payments due.

As mentioned, the decision is not binding on the Insolvency Service especially as he was not part of it hut he can use it as evidence to strengthen his case with them. But just because they rules TUPE did not apply to those who claimed, it is not a guarantee that the same applied to the rest of the workforce as each person is treated individually based on their own circumstances.