Insolvent company

jaffabum23

The company i work for has gone insolvent and i am redundant.
I need to apply for government redundancy i have been told by insolvency company.
Now one of the partners has another company and has offered me a job will this stop me from getting redundancy.

sangie595

jaffabum23 wrote: »

The company i work for has gone insolvent and i am redundant.
I need to apply for government redundancy i have been told by insolvency company.
Now one of the partners has another company and has offered me a job will this stop me from getting redundancy.

It's impossible to say. Given this is a move from an insolvent company to a company run by one of the partners of the insolvent company, then it may be a TUPE. My best advice would be to be honest about it and see what they say. If you are a TUPE you won't get redundancy money, but you would retain all your employment rights and years of service.

jaffabum23

I have been told i will start as a new job new contract and terms.

superbigal36

So he shafted you at 1 company, but you would consider trustworthy enough to still work for at another ?
I know what i think of said people in general.

sangie595

jaffabum23 wrote: »

I have been told i will start as a new job new contract and terms.

Sorry, but what you are told (presumably by someone who has already driven one business into the ground) is not the legal position - it is what he or she hopes is the case. The fact that they are a partner in the insolvent business will definitely cause questions about TUPE to be examined, and if it is determined that TUPE is involved then you will get nothing because your employment will be deemed to be continuous.

jaffabum23

superbigal36 wrote: »

So he shafted you at 1 company, but you would consider trustworthy enough to still work for at another ?
I know what i think of said people in general.

no its not that way he is a partner in a firm that can no longer carry on after putting loads of his own money into it.
He has another company that is doing very well nothing to do with this company.
I have worked for my company for 30 years and i think this was sorry the other company has gone down the drain but i will offer you a job here.

MEM62

superbigal36 wrote: »

So he shafted you at 1 company, but you would consider trustworthy enough to still work for at another ?
I know what i think of said people in general.

With no background information give its a bit of a jump to assume that this guy is responsible for the company's demise.

jaffabum23

The problem was cash flow they where not getting paid for work they had done on sub contracts.

sangie595

It is all irrelevant anyway. They will have to look into it. And decide whether it is a TUPE themselves. It would be wrong of them not to do so - employers (and this guy is your current employer and not just a future employer) cannot expect that they can simply pass the legal buck to taxpayers when they find that business isn't going the way it should. You will either get an agreed payment, or they will rule it a TUPE and your service is protected. But we can't tell you which, and you can't decide which (and nor can this guy). Tell the truth and then whatever happens is what happens.

patman99

But what if the op had claimed the Govt. redundancy and then been ofered a position within the partner's own more stable company 1 week later?.

Would the op still be able to retain the money?.