Been made redundant but not entitled to my pay in lieu of notice :(

mekky

at the end of last month the company i work for entered into a voluntary liquidation. on the day that this happened i was given forms and calculations outlining what payments i would recieve. As i have worked for the company i was entitled to 9 weeks pay in liey of notice. I was lucky enough to find a temporary job straight away but am now being told that i will not recieve any notice pay because of this. Im really p'd off cause the job is only a short term one and it now looks as though im going to miss out on my 9 weeks notice pay because of this. - can this be right????? :mad:

mekky

what really annoys me is the fact that the insolvency guy encouraged all the staff to get temporary work and it now appears that the only winner will be the company as they will be saving a small fortune in unpaid fees

kiddy_guy

Doesn't sound right. Need to check this out with your union, ACAS or solicitor.

LittleVoice

mekky - were the staff told they had to stop work straight away and could not continue working? Is the company in administration?

mekky

the company entered into a creditors voluntary liquidation and all staff were told to stop working straight away. :mad:

mekky

not in a union and dont have a solicitor on hand to discuss things with

LittleVoice

Employees are creditors of the company for the amounts due to them (including notice pay). If the liquidators do not have enough money to eventually pay, then you can claim from the state scheme (I think up too £350/week - but I haven't checked that recently).

Pete111

Has the notice been earned via length of service (ie 9 years service?) if so then your getting another role because the company is folding is neither here nor there and you have a right to it. If the 9 weeks notice payable is more than you were due to receive via either your statutory (length of service) or contractual (what is in your contract) notice the company may be able to claw the extra peice back. You should however get at least 1 week per year of service or whatever is in your contract - whichever is greater.

Whether there is money in the pot to pay it is another matter but your being fortunate enough to find another job should not have a bearing on your eligibilty to receive it if the company was/is due to pay PILON (it's slightly different if they put you on gardening leave however)

mekky

yep, my 9 weeks notice is due to 9 yrs service. Im really confused about the whole thing. In the rp1 form which o have it says im not entitled to any pay for my notice period if i have another job. Do you think i can claim my statutory redundancy payment, less the statutory notice and then make a claim as a company creditor for the rest????
Im also a little confused about how the redundancy process has mapped out. You see the directors have chosen to enter into a vountary liquidation before the company becomes insolvent ( in other words, theres money in the bank and they have been fully in control of this process). They knew a week before the liquidator officially came to the workplace to tell us, that this was happeneing. however, as yet we have had no written letter telling us we have been made redundant and have instead only received a short letter and the rp1 form explaining how we make a claim, but not formally telling us that we are redundant. - is this right???

mekky

sorry to waffle on, but i really do need help with this one :mad: :mad: :mad: :mad: :mad:

mekky

anyone got any thoughts on this? all help and advice is much appreciated:D