Rps Help & Light Shedding Please

paperbacwriter

I have a slightly complicated web of events and a little bit of a nightmare which I am hoping that someone or perhaps a few of you out there will be able to shed some light on or have experienced my circumstances?
This is a little brief background which hopefully will make sense


I was employed from 2009 by a company run by a Two brothers the younger who was the manager and the elder Brother who was the sole trader up until October 2015 when after several years of under trading and huge debt the younger brother left the business and his older brother with all the debt. The company continued to run with the older brother however the actual premises were owned and leased to my employer by a lady, she decided to put the premises up for sale. The hope being that the building would continue in its trading and all the staff would transfer over to a new business and the place would not be knocked down and redeveloped leaving us all redundant.
However the building failed to sell , taken off the market and it was then newly leased to a new company in January 2016 and all the staff were TUPED over to our new employer, under continuous service and my contract all the same- great!
One day in November 2016 without warning the director of the company made us redundant after declaring he had no money left and said he would be making himself insolvent. So No notice , unpaid wages (5 weeks) and no redundancy package or consultation. .The following week came a P45 with my redundancy date on ( was wrongly issued with an earlier date ) and the incorrect pay week and the monies owed on the total ( which I have since after much phone calling had corrected as he owed his accountant money so wouldn't issue the docs!) Now here comes the tricky bit the owner of the building was completely in the dark about the financial state of the company she was leasing to and after a few weeks or so decided to take the building on herself and build her own business from it ( same sector) Some of the employees were taken on by this new lady under new contracts , some with new roles , some had moved on and found new jobs elsewhere , some had signed on and some with ill health had taken a step back not all had been given new employment. No one was given a TUPE by the new lady and myself I had no connection with this new company. Time had passed and we were all contacted by the insolvency practice who sent us packs with information regarding claiming from the RPS for our monies owed as their was no money in the pot left by my old employer. This was filled in and sent off however the clock did not start ticking on our claims until he was made officially insolvent in the middle of December 2016. I have since had my Notice form which has also been sent off , in the last week or so everyone has been issued with RP18 forms as the RPS are investigating a transfer of business ? The new lady's company was registered a few weeks before my ex employer was made formally insolvent and it looks as though this is the basis of an investigation for a transfer of the business. However I am lead to understand that the RPS will look at this as a collective and not on an individual basis ? am I right in thinking this ? The insolvency company has sent off RP19 forms and other documentation and there has been no decision made to date despite being in the last week of the statically 6 weeks turning round time. Being pessimistic I am wondering what my recourse will be in the event that my claim is rejected despite having not been employed by this new company and no offer of employment given ? I am currently actively seeking work whilst claiming JSA , I also think it wholly unfair to those that did go on to new company but had no offer of TUPE,
What is the position am I able to appeal if I am not awarded my pay owed and other monies or do I have to go down the tribunal path ( one I am yet to tackle as this whole affair needs closure first)
I have never had to tackle this sort of situation and from day one have been given such a broad spectrum of varying advise from Acas Citizens Advice and even an employment lawyer ...I feel this whole situation is set up to shelter my Ex employer and not myself as a casualty of his failing business, failing to see how I can have any recourse with newly formed business either with whom I had no connection ?
I may add that prior to the day we were told there was no mention of anyone coming in to transfer or take over my ex employers business and there was no job to be offered , the lady who owned the building did not become involved until weeks later. It was simply he had to make us redundnant , had no money and he hoped that we would all find employment and someone would perhaps come in his place???
Any help information or shared similar experience will be greatly appreciated
Many Thanks

TadleyBaggie

Wall of text, gave up reading....

Xbigman

Summary

You worked for a business that didn't do very well.
Business was in leased premises.

Business was taken over and everyone transferred.

New owners made everyone redundant a few months later as they had no money. Paperwork has been slow to arrive and inaccurate, causing delays.

Owner of premises loses patience. She sets up new business in same premises and same sector.
Old business is made insolvent after owners new business was set up.

New business is being investigated as Govt think this was a business transfer and not a new business.

You are concerned your claim for pay owed and redundancy money will be kicked back to owners new company.

Is that about it?



Darren

paperbacwriter

Yes Darren Thank you