Rejected Redundancy Claim

TomBall

Hi MSE

I have a very complex situation regarding redundancy that so far has confused me and the helplines i have asked.

I was made redundant a few months ago from a small sized company, and was given a RP1 to fill out from the insolvency company that was dealing with everything. They told me to fill this out and there shouldn't be an issue.

After a few weeks of the RP1 being sent of i received and investigation letter about a transfer of business and if i was offered a job. I wasn't so filled the form out accordingly.

I have now received a letter explaining that my redundancy claim has been rejected due the transfer of undertakings.

Speaking with the insolvency company, acas and the redundancy department, they have said because the owner has opened another business alongside the insolvent business we had been transferred.

I have been advised the next step is a employment tribunal, but as me and two other employers know if we do this the new company will be wind up, as it seems the new business is slowly closing down its operations.

The protection that TUPE offers has some how gave me a disadvantage and preventing me from claiming my redundancy. Does anyone have any advice on how i could proceed with this and where i legally stand.

redmalc

Your claim is against the new company because the director of the insolvent company has transferred your contracts of employment.

TomBall

Would an appeal not be a better option as the new company will be wind up if we take it to a tribunal.

Johno100

I'd be appealing and getting a letter from the director explaining that you were not transferred over to the new company and why.

getmore4less

Are all the companies Ltd?

I wonder if you need to claim off the new company and when that shuts down send off a new RP1.

TomBall

I would contact the director but we didn't leave on good terms, both companies were ltd, and advised if we did go to tribunal and company was shut down we would not be able to claim redundancy. Really confusing frustrating and confusing situation.

Takeaway_Addict

How much money are we talking about and have you got a new job now? Sometimes it might just be better to walk away and concentrate on other things.

It sounds like the director ballsed up pheonixing the company, a mistake I doubt he will make a second time.

TomBall

Thanks takeaway addict you have probably hit the nail on the head there, we are talking about 3k, i wouldn't want it to go to a tribunal but would want take it as far as i can.

Takeaway_Addict

Chase as much as you can without it costing you to much. Have you any legal cover on your household insurance?

TomBall

not that i know of why can this be used?

Johno100

TomBall wrote: »

I would contact the director but we didn't leave on good terms, both companies were ltd, and advised if we did go to tribunal and company was shut down we would not be able to claim redundancy. Really confusing frustrating and confusing situation.

Well if the successor company enters Liquidation then I can't see how your claim can be rejected if they rejected your original claim on the basis that you were TUPE'd over.

Even if you are not on good terms with the director, the Insolvency Practitioners dealing with the Liquidation of the first company should be able to confirm themselves or liaise with the director and confirm that you were an employee of the liquidated company and had not been transferred over. If the Liquidators can confirm this and notify The Insolvency Service then your claim will be processed without the need for any appeal yourself.

Are there any other employees in your situation? If there are have you spoken to any of them?