Locked out of Company by landlord

gor01

Hi There,

Can anyone help...I have been on holiday for 2 days and was due to go back to work tomorrow. But I have just been informed (by a colleague) not to go in as the office has been locked by the landlord for non payment of rent by the company I work for. The company has been in cash flow trouble for a while and It would not have surprised me for an insolvency practitioner to arrive at some time. Now we cannot go into work, what is the situation in regard to the MD going into voluntary liquidation or could he just walk away from the whole business with us out of pocket. Any advise is greatfully received. Thank ...

melloecastro

http://www.acas.org.uk/

I would suggest you speak to them. It depends on the type of company/how long you have worked there/type of business/assets in the business. Is he trading elsewhere?

My mum had to go to a tribunal to get the monies owed but ACAS cab advise you on what to do.

Has anyone contacted the MD?

gor01

Thank you for your reply. The message I got was from the MD via a collegue. I should be recieving further information later today I hope. I have been there for over 2 years, Regards

gor01

We can still not get into the building for various reasons. We have also been informed by MD that he has met with Insolvency Practioner but no action has been taken yet?. When asked if they would be paying our wages for the end of the month he said he did not know. If we do not get paid and we have no news re liquidation/or insolvancy and therefore no form RP1 provided can we claim JSA even though we are technically still employed or do we have to wait till more formal procedures have been provided, As anyone can appreciate worrying times .. thank you in advance for your comments/advice.

melloecastro

Can you speak to the Insolvency Practicioner? In my case he was called in and did the paperwork for us for the statutory help from the government.

Did you call ACAS?

redmalc

Your MD should have had seven days written notice from the landlord advising him he was going to instruct a Bailiff to levy a distraint for rent arrears or he was going to take peaceful re entry.
This is a newish law [ CRAR ]

melloecastro

Just checked with my mum who had a similar issue to you. they rang the redundancy payments office for advice. she was told to write an official letter to the boss about wages etc and follow a process. She did have to go to a tribunal in the end to get the money

hope this helps.

gor01

Thank you everyone for replies. In regards to rent, there is a long history between landlord and MD and money owed is not just for rent ( I believe the rent part has now been paid) and I think the md is persuing this legally with landlord. However we are still not allowed in building or able to work. We have heard nothing since last friday from md saying that he is in talks with insolvency practionier, but nothing has been formalised yet, so it is still a waiting game. I have spoken to acas and they say that there is no time limit on how long the md has to formalise the next step. So still waiting. Really appreciate your comments, as dont feel so alone .. thankyou.

DCFC79

Id use the time to update the CV and look at applying for jobs.

Annoying when you don't know whats going on.

gor01

UPDATE 2 - The Insolvency practitioners are now in and we will be issued form RP1 for redunancy payents soon, thereafter form RP2 for wages not paid etc. Can someone please advise on the following ... I keep reading about Protective Award if 20 or more employees made redundant at one time for failure to consult collectively, can someone enlighten me on this ... many thanks in advance ...

Mersey_2

Yes, essentially there's a Government scheme and fund to protect owed wages in such situations.


It's generally the self-employed who have to issue proceedings in the County Court for owed income/fee share/commission.