Am I entitled to redundancy if I then become a director?

jaydeeuk1

Long shot, only asking out of interest but imagine the answer is 'no'.
I worked for a company for some 8 years before it went in to liquidation in april. Another company was setup in Jan people and I was made a director in May - partly for reward, partly for legal reasons. I have only paid myself a couple of times, approx £2000 from what would have been £6000 on old salary but looks like this comp might be struggling too.

Tough tits?

System

It appears you can
http://www.helpwithdebtuk.com/quicklink-details.php?debt-uk=directorofinsolventcompany&mainmenuid=3&quicklinkid=277 Case went all the way to appeal so pretty solid case law.

jaydeeuk1

!!!!!! wrote: »

It appears you can
http://www.helpwithdebtuk.com/quicklink-details.php?debt-uk=directorofinsolventcompany&mainmenuid=3&quicklinkid=277 Case went all the way to appeal so pretty solid case law.

I had read that article, but he was a director, then the comp went busto. I was an employee, comp when bust and then I became a dir of a new company

System

I would think that you would still be entitled to redundancy from the new company when/if it goes bust. Not sure about reduncy from the old company.
"I was made a director in May - partly for reward, partly for legal reasons". The 'legal reasons' would bother me. Are you going to get shafted somehow when the new company folds?

jaydeeuk1

!!!!!! wrote: »

The 'legal reasons' would bother me. Are you going to get shafted somehow when the new company folds?

Probably....

LittleVoice

jaydeeuk1 wrote: »

Long shot, only asking out of interest but imagine the answer is 'no'.
I worked for a company for some 8 years before it went in to liquidation in april. Another company was setup in Jan people and I was made a director in May - partly for reward, partly for legal reasons. I have only paid myself a couple of times, approx £2000 from what would have been £6000 on old salary but looks like this comp might be struggling too.

Tough tits?

What does the blue text mean? Do you mean the company was set up in January 2012 (before the other company went into liquidation)? What is "people" doing in the sentence?

Were you working for both companies at the same time?

Are you a sole director?

jaydeeuk1

Another comp was setup in jan, before the decision to go in voluntary liquidation. I wasn't listed as a dir at that point or employed by them. When my current employer folded, I then became a dir of this comp set up in jan in May time. The dir of the new comp was also one of the dirs of the liquidated company. The new company essentially took the workforce and intangible assets of the liquidated comp. I was only ever employed by one comp or the other.

zombeana

what were you employed as (or were you not employed?) by the ORIGINAL company?

did they TUPE any of the remaining employees/assets to this new company?

as you've not been employed by the new company minimum 2 years, you're not entitled to any redundancy from then, at least...unless they TUPE'd...and you were/are an employee..

System

Sounds like the second company was set up as a phoenix company to enable the debts of the old company to be dumped and you are the patsy for when the new one folds. I think you need to get some professional advice.

getmore4less

reading the link,

You need to make sure you are also an employee as well as a director for future emplyee protection like redundancy.

Much better if this is in writing rather than through implied T&C's.

So do you have hours of work, set duties etc.