who do i claim from and when?

007mcfod

Hi All,

hopefully someone may have an answer to this one for me.

all staff other than the directors were made redundant recently at my former employer, we were dismissed on the day without notice or consultation (not technically necessary though as their was only 5 of us) the company has advised they have no money to pay september salaries, notice pay, redundancy, or outstanding holiday pay.

at this time the company is insolvent but hasnt entered administration - which seems to have left us in a dead zone.

on the recommendation of acas we issued the relevant paperwork to the courts for an employment tribunal, the company director has confirmed to the court that the money is owed but that their is no money and nor will their be as all stock has been removed by the trade financiers that owned it, so acas have said they can no longer help as their is no chance of a settlement and that we need to claim from the NI fund via the administrator.

and here lies the problem, at this time their isn't an administrator - can we claim direct from the NI fund and redundancy payments office or do we have to wait until the company is put into administration?

im pretty sure this will be fairly soon but not soon enough as once i lose my childcare element of tax credits (in 3 weeks) i will have to pull my daughter out of nursery and with their waiting list i know its sods law that i will then get a job and have nowhere to put her. the hearing for the employment tribunal is set for january which is no use at all.

any help or advise much appreciated

ooh, not to ask too much - if i get a new job in the period that would have been my notice period do i lose my entitlement to notice pay? and/or redundancy pay?

SarEl

Contact the Redundancy Payments Scheme directly and talk to them. They will tell you what you need to know. I don't deal with this stuff - so I'm afraid I am not sure what they do other than a general idea. But if you get a new job it would effect only notice pay - not redundancy pay. Good luck with the job hunting.

007mcfod

thanks for that, will bell them monday, just trying to put the wifes mind at rest a little bit over the weekend