Employment Tribunal for Non Payment of Redundancy - Chance of Success?

puddles

I got made redundant in October and accepted a payment plan of 4 installments (one at the end of every month starting October 31st) as I knew the company was having some cashflow problems. I received the first installment 10 days late, after much chasing. The second installment didn't come and I got promised X amount a week going forward, X being around 25% of 1 of the 4 originally planned installments. I started an ACAS conciliation process back in December as payments had not been forthcoming nor any communication from my ex employer. But within that week I received 1 payment of X from my ex employee so thought things were back on track and closed that.

Things were far from back on track and in 5 weeks I have received just 2 of those promised weekly payments. So, 3 months on and I've received less than 50% of my redundancy pay. After a number of emails he has replied today saying money never came in and he will pay me, but doesn't have the money right now and things are uncertain again.

I have spoken to ACAS again and it seems tribunal is the next step. If he hasn't got the money to pay my redundancy then really he is insolvent, and at that point the redundancy payments office could help me. I have read lots of scary statistics about employment tribunals not being success, and wondered if anyone had any views on them and their success? I think as it's non payment of redundancy pay then i should be okay, but i wanted to get some more input before I pull the trigger.

Thanks

MEM62

Out of interest, what are you expecting ACAS to achieve? Shouldn't you be looking at the small claims court?

Mersey_2

Yes (it's far cheaper - from £35 - to issue proceedings in the County Court for owed wages or breach of contract, than the ET).

puddles

What I am expecting ACAS to do? At this point nothing, as the at tribunal stage it doesn't involve them. Though I understand by law they get informed and may try to organised a conciliation.

As for the County Court - I'd never considered this as the ACAS website, which I assumed (rightly or wrongly) was the official route for any issues with employers. All searches I have done seem to lead to ETs

MEM62

If the redundancy process has been concluded following the correct procedure then there is no case to take to a tribunal. If your employer owes you money and it is not forthcoming that is a different matter - which you can take to the small claims court.