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Redundant with no notice or pay and still waiting on wages

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Redundant with no notice or pay and still waiting on wages

edited 30 November -1 at 12:00AM in Redundancy & Redundancy Planning
6 replies 1.2K views
PinguSticksPinguSticks Forumite
3 posts
edited 30 November -1 at 12:00AM in Redundancy & Redundancy Planning
My employer of two years has been having financial difficulties for a few months and told me right after New Years that he can't afford to employ me anymore and to not go back to work. I wasn't given any notice or notice pay. Due to the mentioned financial difficulties, I am also still awaiting my December wages and some wages from November.

He plans to make the business I was employed under insolvent and so insists on me not needing a p45 because he says if he gives me that I "won't get redundancy pay from the insolvency". Without the P45 I am still listed as employed on HMRC records and so when I get paid for some part-time work I've managed to secure, I am also assuming that I might get taxed more than I should on that?

I'm also wondering that if I get my P45, can I still claim statutory notice pay, for being given no notice and no notice pay? If so how would I do that?

It's all a bit of a mess and I just need some guidance as to my rights and what I'm entitled to do.

I hope I've posted this in the right forum category and thank you in advance for any help/advice offered

Replies

  • m0bovm0bov Forumite
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    You really need to get legal advice from CAB ASAP.
  • kev2009kev2009 Forumite
    722 posts
    Part of the Furniture 500 Posts Name Dropper
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    No experience of this BUT my current employer only pays redundancy when you have been employed more than 2 years. If under 2 years, they don't pay redundancy, they give you 1 weeks notice and that's it.

    Kev
  • My employer of two years has been having financial difficulties for a few months and told me right after New Years that he can't afford to employ me anymore and to not go back to work. I wasn't given any notice or notice pay. Due to the mentioned financial difficulties, I am also still awaiting my December wages and some wages from November.

    He plans to make the business I was employed under insolvent and so insists on me not needing a p45 because he says if he gives me that I "won't get redundancy pay from the insolvency". Without the P45 I am still listed as employed on HMRC records and so when I get paid for some part-time work I've managed to secure, I am also assuming that I might get taxed more than I should on that?

    I'm also wondering that if I get my P45, can I still claim statutory notice pay, for being given no notice and no notice pay? If so how would I do that?

    It's all a bit of a mess and I just need some guidance as to my rights and what I'm entitled to do.

    I hope I've posted this in the right forum category and thank you in advance for any help/advice offered
    it's a huge mess.

    If you haven't got two years or more employment theta no redundancy pay. Your statutory notice is one or two weeks - depending on exact dates. Having secured some work, however, complicates things still more. And that's before we discuss whether he really had filed for insolvency.

    Are you in a union?
  • Blatchford wrote: »
    it's a huge mess.

    If you haven't got two years or more employment theta no redundancy pay. Your statutory notice is one or two weeks - depending on exact dates. Having secured some work, however, complicates things still more. And that's before we discuss whether he really had filed for insolvency.

    Are you in a union?

    I would've been there 2 years the week after he told me not to go back to work. I was given no notice at all. I can confirm he has not yet filed for insolvency, and I haven't even received a P45 following our meeting, so as far as HMRC are concerned, I still work there.

    Unfortunately I'm not in a union.
  • lisyloolisyloo Forumite
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    If there was an insolvency then you’d be entitled unpaid wages, notice and redundancy from the government.
    In this case you should get a P45.
    In this case the government are very keen and insist you sign for JSA ASAP because they will not take on additional costs if you delay going to DWP (its A different government budget).

    However you don’t appear to have a formal redundancy or formal insolvency.

    In your position I would suggest going to the CAB.

    Presumably you are job seeking?
  • Thank you to everyone for your responses. I have finally received a P45, I am just waiting for this to update on my HMRC Personal Tax Account online.

    My next concern is getting my unpaid wages. I haven't been paid for December and am also missing some of my November wages. However, these months' earnings have been declared by my employer to HRMC. What can I do if they've declared earnings that I received?

    I'm very concerned that he'll just see it as a company debt and let it get swallowed up by the insolvency and never pay me? Can he do this?

    *Just to answer a couple of questions, I am currently job seeking whilst working a part-time job I managed to secure in the meantime. I have been in touch with Acas a few times and have tried CAB but they just give me standard-issue, straight-out-of-the-book answers. I'm going to try and get a drop-in appointment at my local CAB office*
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