Many thanks for your patience. First of all, you cannot get compensation for the legal expenses you have incurred so you have to cover these yourself. On that basis you need to consider how much to spend going forward as they will not be recoverable.
In terms of claiming against the company, this may be complex because the fact they are under a CVA means there will likely be restrictions on claims that can be made against them.
Instead you may wish to consider approaching the Government by arguing that the company is insolvent and that they must cover any debts owed by the company instead.
In terms of trying to take this further, the first step would be to contact the company’s insolvency practitioners (administrator, liquidator, etc.) to ensure the employee is known to them as a creditor of the company and to check if it is likely for any money or assets to become available for distribution amongst the company's creditors.
If it appears unlikely that the company will have the money or assets to pay, employees can try and rely on the protection they get from the Government, which can cover the following payments:
· Up to 8 weeks' arrears of pay (capped) less basic rate tax and NI contributions.
· Up to 6 weeks' holiday pay (capped) which accrued in the 12 month period ending on the date of the insolvency, less basic rate tax and NI contributions.
· Statutory notice pay (capped) 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 ways addressed above, such as through the insolvency practitioner or through court.
To be able to claim from the Government, 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
Contact the Redundancy Payments Service on 0330 331 0020 for further assistance on how to initiate your claim.
Does this answer your query?