Being forced to resign

bretts

I m working for a company since 14 years and they have since last one year not paid on time and all, I have been asked by the chairman of the company to rrsign now but he cant give a reason, hes almost forcing me into this and i told him last time that you can make me redundant but as per law you will have to pay me all this redundancy and notice pay and holiday pay. He said he cant pay as company has no money. I think he will just not pay me anything, i will have no option but to go to employment tribunal, with the looks of it i feel they might close soon so if i put a case against them will i be entitled to redundancy from govt or not. Company has no assets at all what so ever. What happens if they dont accept either refundancy or a payout but just keep asking me to resign, the worst thing is they are doing all this only over the phone and not on emails.

[Deleted User]

This may help, but reading it I believe you can claim redundancy even if the company goes broke and ceases to trade ...

https://www.gov.uk/your-rights-if-your-employer-is-insolvent/claiming-money-owed-to-you

lincroft1710

If you resign you will not get any redundancy payout.

Bogalot

https://forums.moneysavingexpert.com/discussion/5531384

Are you no longer starting the new job this month?

Undervalued

bretts wrote: »

I m working for a company since 14 years and they have since last one year not paid on time and all, I have been asked by the chairman of the company to rrsign now but he cant give a reason, hes almost forcing me into this and i told him last time that you can make me redundant but as per law you will have to pay me all this redundancy and notice pay and holiday pay. He said he cant pay as company has no money. I think he will just not pay me anything, i will have no option but to go to employment tribunal, with the looks of it i feel they might close soon so if i put a case against them will i be entitled to redundancy from govt or not. Company has no assets at all what so ever. What happens if they dont accept either refundancy or a payout but just keep asking me to resign, the worst thing is they are doing all this only over the phone and not on emails.

Do not resign unless you have another job to go to. If you do you will lose any right to redundancy pay.

If the company is formally wound up and there are insufficient assets then yes, if you are still an employee, you should be able to get your redundancy money from the government. However if is just allowed to "fizzle out" and is nominally still trading then it gets far more complicated. Basically, you and others who are owed money, would need to take steps to get the company declared insolvent which is not necessarily easy.

bretts

Hi

The company has asked me to wait for some time as in wake of the brexit, they are not sure if they will hire me anymore or not.
I dont know what the company's plans are short to medium term but I am looking and the moment i find anything I will leave, but my boss keeps telling me that you should resign and I have told him if you want to terminate my employment that is entirely upto you. I am also asking if I can have some of the days off as I am left with 60 days of holidays that will remain unpaid in any case.

YouAsked

Yes, don't resign - you're doing the right thing. Don't even hint at resigning.

By all means look for another job (and personally I would prioritise leaving to take another job if offered over hanging on for potential redundancy) but do not resign unless you have a job to go to - there is absolutely no befit to you in resigning, none at all.