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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 69287
Experience:  Qualified Solicitor
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I was made redundant on Oct 11th with a 6 week notice

Customer Question

I was made redundant on Oct 11th with a 6 week notice period. I had to chase up my redundancy payment myself due to an inept CVA administrator. I am still owed a week lying on and believe that as I used 100 hrs of an allotted 214 hrs holidays, I may be owed the balance too
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: I have messaged the manager several times including the last message which I sent 10 minutes ago
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I have a new job but in the previous job there was no union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes. Since July 2018, payments were deducted from my salary for my pension but were never paid into it. At the last check with the pension Company, it had been paid back up to April 2019, so there are several months still outstanding. I have informed my ex employer on at least 3 separate occasions that I require them to pay all the arrears or I will take legal action against them
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

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.

Expert:  Ben Jones replied 7 months ago.

What would you like to ask about this and when were you made redundant?

Customer: replied 7 months ago.
I was given notice on Oct 11th with a 6 week notice period. The company is in a CVA and the redundancy process was supposed to be dealt with by them but I find I keep having to chase them up to pay me what I am owed
Expert:  Ben Jones replied 7 months ago.

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 7 months ago.
I feel I am still owed for unused holidays ( 114 hrs ) and the week lying on, which they haven’t paid
Customer: replied 7 months ago.
Am I also entitled to claim any expenses incurred obtaining legal help?
Expert:  Ben Jones replied 7 months ago.

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(###) ###-####for further assistance on how to initiate your claim.

Does this answer your query?

Expert:  Ben Jones replied 7 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Expert:  Ben Jones replied 7 months ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you