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Help! Have won tribunal and am now stuck!
eon73eon
Posts: 5 Forumite
Please forgive me if this is in the wrong section! I will attempt to keep this simple in the hope that it is understood........
1, worked for company A, business folded and was made redundant.!
2, remains of company A bought by company B and I am re employed by them.!
3,initially all is well then, late wages....... Then no wages... Then lied to and conned out of yet more wages
4, boss calls us together and says he needs to lay us off and 'freeze' the company
5, went to tribunal and won unpaid wages/holiday totalling just over 5k
6, that is it. 4 of us all won cases against this man/company and no one has seen a penny of what they are owed
finally my question is....... Can I make a claim for my unpaid wages through the NI pot despite not being made officially redundant?? I only worked for the con artist for 4 months and I have now heard that the company is no longer trading
1, worked for company A, business folded and was made redundant.!
2, remains of company A bought by company B and I am re employed by them.!
3,initially all is well then, late wages....... Then no wages... Then lied to and conned out of yet more wages
4, boss calls us together and says he needs to lay us off and 'freeze' the company
5, went to tribunal and won unpaid wages/holiday totalling just over 5k
6, that is it. 4 of us all won cases against this man/company and no one has seen a penny of what they are owed
finally my question is....... Can I make a claim for my unpaid wages through the NI pot despite not being made officially redundant?? I only worked for the con artist for 4 months and I have now heard that the company is no longer trading
0
Comments
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There is a difference between no longer trading and gone into liquidation.
If the company has in fact been wound up owing you money, yes you can claim against the govt - you don't have to have formally been made redundant.
But if it has just ceased trading, then you are probably stuffed because the company is still in existence and almost certainly has no money to pay you.
Of course if it wasn't a company but a sole trader or partnership, then you can enforce the debt against the individual/s. Do you know if it is a limited company?I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
Do I go through the redundancy office to claim? Many thanks for your help0
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You claim from the national insurance fund
see here for more information and a help-line for further advice
http://www.direct.gov.uk/en/Employment/Employees/Pay/DG_10026695
But the employer must be in liquidation/bankruptcy. Simply ceasing to trade will not help you.I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0
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