Redundancy and Acas (Scotland)

kim2012_2

Bit of a long story!

I got made redundant in august 2011. I filed a ET1 Form in October after getting know where with citizen advice and former employer.

I got a conciliation officer from ACAS and she managed to get an agreement with my former employer end of November 2011 that my employer would pay my redundancy over a 6 month period and the first payment date would be 20th December.

Well i received this first payment but when 20th Jan came round he didn't pay. My conciliation officer contacted him but he advised he had no cash to pay and was waiting for a new contract with the government and then would have the cash. She suggested enforcing the agreement by sending in the sheriff officers but i know there is nothing in the company worth anywhere near enough to cover my redundancy let alone 4 other colleagues who could do the same thing. So the next step was to wait to see if he would get the contract. This kept being delayed by the government but in april 2012 i was informed that the company hadnt got the contract and therefore he decided to cease trading.

He hasnt made the company insolvent as he doesnt have the cash to do so. I am aware he owes a lot to HMRC and i think he waiting for them to make him insolvent.

Now i was told i could send my COT3 form to the insolvency service to get payment from the national insurance fund but i did this and they are refusing to pay unless i have a tribunal award. I contacted my ACAS officer and she said as it is settled i can not do this!! but if he has breached the contract surely it can go back to tribunal?

I am getting no where with my acas officer and i contacted the tribunal office and they said i could ask if my case could be re-opened but this is based on the judge.

Has anyone had any dealings like this or could advise me further as everyone keeps telling me different stories.

Thanks in advance