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made redundant, award for monies in our favour, what next??
007mcfod
Posts: 9 Forumite
Evening all, hope someone can give me some pointers on the next step for mine (& my former colleagues) situation.
basically 5 of us were made redundant on the same day in September 2010 due to the bank withdrawing its support of the company we worked for. this left us with no pay for the month, nor redundancy, holidays owed, notice pay, etc.
we have since had an employment tribunal find in our favour and award us the amounts claimed for, adjusted to the statutory maximums allowed by the national insurance fund.
my question is - what next??
the problem is that the company we worked for (a ltd company) has simply ceased trading, it is not currently in administration of any form, as the directors dont have the funds to do it, their is no stock or assets, and at this stage, none of the other creditors have applied for it to be wound up - probably because they know their is nothing left to recover the money from.
the redundancy payments office have said they can pay the redundancy now but only pay the other monies if the company is in liquidation/administration/etc. they have mentioned a winding up order but this will cost £1200 in court fees plus solicitors fees if we need one.
can anyone advise if this is the best way/only way/or a better (cheaper) alternative to recover what is owed.
apologies for the length of this post
regards
Damien
basically 5 of us were made redundant on the same day in September 2010 due to the bank withdrawing its support of the company we worked for. this left us with no pay for the month, nor redundancy, holidays owed, notice pay, etc.
we have since had an employment tribunal find in our favour and award us the amounts claimed for, adjusted to the statutory maximums allowed by the national insurance fund.
my question is - what next??
the problem is that the company we worked for (a ltd company) has simply ceased trading, it is not currently in administration of any form, as the directors dont have the funds to do it, their is no stock or assets, and at this stage, none of the other creditors have applied for it to be wound up - probably because they know their is nothing left to recover the money from.
the redundancy payments office have said they can pay the redundancy now but only pay the other monies if the company is in liquidation/administration/etc. they have mentioned a winding up order but this will cost £1200 in court fees plus solicitors fees if we need one.
can anyone advise if this is the best way/only way/or a better (cheaper) alternative to recover what is owed.
apologies for the length of this post
regards
Damien
0
Comments
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Were you given any notice period or were you just made redundant/unemployed on the day?
If you received no notice, google "Protective Award" and fill in the forms highlighting the fact you were given no notice, you can be awarded upto 90 days pay subject to the maximum the government allows something like £310 per week.
Each person must fill in the form unless you were members of a trade union in which case speak to your union rep and get them to fill in a form to cover all of you.0 -
thanks boltongirl,
we werent given any notice as the banks withdrawal was very sudden but our notice pay formed part of our tribunal award so we will be paid it from the national insurance fund once the company is in a state that the RPO accepts, getting it into that state is what were struggling with without having to find £1200!
cheers, will have alook into it though in case it helps protect that part of our payout0
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