made redundant due to liquidation but company is still trading, what do i do?

binkyboo_2

Hi all, hope someone can advise on this.
I was sent a redundancy notice by email terminating my employment on 19th july as the company could no longer pay staff and was starting the process of liquidation.
I haven't been paid anything since the end of may so am owed 1 1/2 months pay, outstanding holiday pay, pay in lieu of notice and statutory redundancy pay.
I was told in the notice to send a letter detailing my claim to the company handling the liquidation so that we could be added into their statement of affairs.
I did this on 23rd july. I called the liquidators today as i had noticed a typo in one of the letters from my employer to me which i had enclosed in the letter I sent to the liquidators.
Basically they said that they couldn't do anything with what I had sent them because the company are still trading and although they have discussed things with the liquidators they haven't recieved instruction to start the process from my employer.
Where do I stand with this and what is my next step?
Also when would I expect to receive my p45 in this type of situation?
Any help or advice anyone can give would be greatfully received.

Advocatus

That's a tough one.

It would appear that you've been made redundant and it's a genuine redundancy. Has all work in your offices stopped? Are people still going?

I think the company is "trading" on its assets and just trying do its best perhaps?

If the matter is with the liquidators, then I would think that the employees will get paid in the order of things along with secured and unsecured creditors, etc.

binkyboo_2

Advocatus wrote: »

That's a tough one.

It would appear that you've been made redundant and it's a genuine redundancy. Has all work in your offices stopped? Are people still going?

I think the company is "trading" on its assets and just trying do its best perhaps?

If the matter is with the liquidators, then I would think that the employees will get paid in the order of things along with secured and unsecured creditors, etc.

I have a position which meant i worked from home so wasn't required to go into the office. As far as i am aware there are still members of staff working even though we have all had these redundancy notices. I have no idea why these people are still working for nothing as it was stated in the redundancy notice that there was no money to pay anyone.
The matter isn't really with the liquidators yet as they are waiting to be told to get involved by my employer all they have had is an initial meeting to discuss things.

markandkate

If the company is still trading then you will not get any money from the National Insurance fund as the company is liable for its own debts. You may be able to sue the company but you are not very likely to get any money unless you are willing to send bailiffs in to seize assets and this will cost you.

You may be able to go to an employment tribunal and then try going to county court to enforce the judgement this is longer but certainly cheaper.

Are there other people affected? If there are a group of you then you could go to a tribunal and then county court and then if not paid apply to wind the company up provided you are owed more than £750 but again it is a long and slow process. You will have to pay but once you have wound the company up you will be able to claim off the National Insurnace Fund. This way is only really worth it if you are likely to recover a significant ammount or there are a number of you and the costs can be shared