Unfair dismissal?

zaksmum

In this case there was 90 days (or 12 weeks, not sure which) notice in the contract as employee had worked there for 25 years so the maximum notice period had been "earned".

That's what will be claimed for from the RPI.

So looks like any unfair dismissal money being a max of 8 weeks will be much less than this so cancelled out by the higher amount of the 12 weeks notice pay?

superbigal36

I think you will also find the RP1 may not exceed 8 weeks max.
I could be wrong on this though.
Surely not every employee will have such long notice periods ?
Might be worth "someone" filling in the Employment tribunal funds so everyone gets the 90 day award.

zaksmum

superbigal36 wrote: »

I think you will also find the RP1 may not exceed 8 weeks max.
I could be wrong on this though.
Surely not every employee will have such long notice periods ?
Might be worth "someone" filling in the Employment tribunal funds so everyone gets the 90 day award.

Most of them are due the 90 day notice period. Many have worked there 35 years and I think the employee with the shortest service had been there since 1990. Contracts then were much more favourable to the employee.

The 90 days notice is gained after about 12 years service because you got a week's notice entitlement for every year you'd worked there capped at the 12 weeks.

So am I right in thinking that, on this basis, there would not be any unfair dismissal award as such from the tribunal as notice pay will exceed the max the tribunal could pay?

superbigal36

No the protective award will be made by tribunal.
They do not know your circumstances.
You might not end up getting any money in your case but the award is still on record.
ie in theory you can chase the administrator for your award as a creditor.
For all I know when the companys assets are finalised there might be a large %age in the pound payout to all creditors. The RP1 people certainly attempt to get their hands on as much as they can get back.
Why have they entered administration ?

zaksmum

superbigal36 wrote: »

No the protective award will be made by tribunal.
They do not know your circumstances.
You might not end up getting any money in your case but the award is still on record.
ie in theory you can chase the administrator for your award as a creditor.
For all I know when the companys assets are finalised there might be a large %age in the pound payout to all creditors. The RP1 people certainly attempt to get their hands on as much as they can get back.
Why have they entered administration ?

They said for economic reasons. the store had been deadly quiet for some time and basically the customers stopped coming and the company went bust.

superbigal36

You will be a creditor due to unpaid wages. Make sure you get copies of all reports from the Admins. You will get a picture of Assets and Debtors against Liabilities, and thus who is likely if anyone to get money back.
Admins sometimes "string it out" and all the money ends up paying their fees !

zaksmum

Thanks again superbigal for your help and patience.