Insolvency Service refusing to pay Employment Tribunal Award

RedundantAl

I was made redundant late last year as my employer was insolvent. I completed an RP1 form to claim monies owed to me from the Insolvency Service. They declined my claim so I took them to an Employment Tribunal and won as they could not provide any evidence to the Court for refusing my claim. They are now refusing to acknowledge the Employment Tribunal judgement and are only willing to pay me a substantially lesser amount based on their own calculations. I have looked online and it looks like you can not use the small claims court to claim money from the Government (the Insolvency services comes under the Secretary of State for BIS) so I'm not sure what avenues are left to me to claim the outstanding money. My other concern is that they have not calculated the lesser amount they are are prepared to pay me, correctly. I can not find any information on their website or online as to how they calculate payments for unpaid holiday an unpaid notice - especially with regard to whether tax/NI is deducted before or after applying the weekly maximum limit. They are now refusing to reply to my emails and they just do not answer the phone! :mad: If anyone has any suggestions or information I'd be very grateful. Thanks.

Johno100

RedundantAl wrote: »

I was made redundant late last year as my employer was insolvent. I completed an RP1 form to claim monies owed to me from the Insolvency Service. They declined my claim so I took them to an Employment Tribunal and won as they could not provide any evidence to the Court for refusing my claim.

So, did you seek and get no explanation whatsoever for why your claim was declined in full?

RedundantAl wrote: »

They are now refusing to acknowledge the Employment Tribunal judgement and are only willing to pay me a substantially lesser amount based on their own calculations.

The RPO will only pay you your statutory entitlement, the amount you expected to receive from the National Insurance Fund when you completed your RP1. Most likely any shortfall over the prescribed limits or other award given by the ET will be a claim in the insolvency of your employer.

You may not have seen this link as it is hidden away, but it should answer many of your other questions.

http://webarchive.nationalarchives.gov.uk/+/http://www.insolvency.gov.uk/guidanceleaflets/redundancypayments/guideforips/guideforips.htm