Cut-off Date for Redundancy Payment Claim

phyonics

Has anyone come across a deadline for making a claim for redundancy pay?

My wife has been made redundant and her boss is going through the IVA process at the moment. As we see it, we can't get her claim processed until that process completes. I believe the meeting to accept/reject his IVA is going to take place towards the end of Jan.

One of my wifes ex-colleagues is suggesting that there is a cut-off date though, relating specifically to when we're able to submit the claim for what my wife is owed and saying that this cut-off date falls within the next couple of weeks.

That sort of a deadline doesn't make sense to me, but I want to make sure there isn't something we're missing here.

Any ideas folks?

Marko

madmonkey01

i think, the claim has to be made within 12 weeks. but i am not 100% sure.

SarEl

A claim to who? The Employer, the RPS or a tribunal?

phyonics

Well, originally it looked like my wifes ex-boss was declaring himself bankrupt.
I obtained the form to claim from the government scheme for both her redundancy payment and payment for lack of notice.

We were then told that we couldn't put the claim in as his affairs were being sorted and he wasn't necessarily going bankrupt.
I put the details of monies due in writing to the insolvency accountants that were acting as an intermediary at the time. That letter was dated 21st November 2011.
They now tell me that the insolvency case is actually with Duff & Phelps (previously MCR) in Manchester. Duff & Phelps are the ones that told me about the IVA and the meeting at the end of the month. When that meeting happens, it'll be clear where the money owed is going to be paid from.
They said that they didn't believe a deadline for a claim was valid.

I just don't see how a deadline can apply, as surely the ball only starts rolling from the date when the IVA is accepted or rejected.

The only course of action that I see we can take to safeguard us is to write a letter to Duff & Phelps which repeats the details from the previous one.

Any comments?

Marko

SarEl

The RPS won't pay out until the employer can't - so you have to wait and sse what happens with the employers assets first. It sounds like the advice you have been given is correct - but you can phone the RPS and ask them for advice if you are worried.