Advice needed on pay entitlement - can employer just stop pay in current circumstances

Thrugelmir

Molly56 said:

....don’t think Citizens advice can tell us anything we don’t already know......impossible to get through to ACAS, not even put in a queue.....considering solicitor but reluctant unless somehow we can recover costs......
....employer (sole trader) is claiming insolvency but is still planning to continue in business, currently planning to sign lease agreement to lease out vehicle and also to hold onto PSV operators licence to hopefully pick up work in the future.....
....as an employee unable to go to RPS as no insolvency practioner / case number to quote....
...just consolidating all info and evidence in preparation .....think we have a good case but just need to action it somehow 

Providing the employer does not apply or enter into formal insolvency proceedings then they can submit a claim with the RPS. 

While it's a difficult time for you. Allow the ex employer time to address the matter first. Things may well take longer than normal. Until matters develop little point in speculating about available options. 

JCS1

GDB2222 said:

Suppose you go to tribunal and win, that doesn’t mean you get paid. You still have to enforce the judgment. That could mean bankrupting someone your husband has worked with for 15 years. Plus, it’s rather an expensive process to bankrupt someone. I suggest not starting on this road unless you are absolutely sure you are prepared to complete the journey.

Just checked - it’s a £600 fee to file the bankruptcy papers.

That is if you are making yourself bankrupt, for a creditor petition it's £1,270

https://www.gov.uk/apply-to-bankrupt-someone

Molly56

Thrugelmir said:

Molly56 said:

....don’t think Citizens advice can tell us anything we don’t already know......impossible to get through to ACAS, not even put in a queue.....considering solicitor but reluctant unless somehow we can recover costs......
....employer (sole trader) is claiming insolvency but is still planning to continue in business, currently planning to sign lease agreement to lease out vehicle and also to hold onto PSV operators licence to hopefully pick up work in the future.....
....as an employee unable to go to RPS as no insolvency practioner / case number to quote....
...just consolidating all info and evidence in preparation .....think we have a good case but just need to action it somehow 

Providing the employer does not apply or enter into formal insolvency proceedings then they can submit a claim with the RPS. 

While it's a difficult time for you. Allow the ex employer time to address the matter first. Things may well take longer than normal. Until matters develop little point in speculating about available options. 

Do you mean that the employer can submit a claim with the RPS or the employee....is not clear from your answer

Thrugelmir

Molly56 said:

Thrugelmir said:

Molly56 said:

....don’t think Citizens advice can tell us anything we don’t already know......impossible to get through to ACAS, not even put in a queue.....considering solicitor but reluctant unless somehow we can recover costs......
....employer (sole trader) is claiming insolvency but is still planning to continue in business, currently planning to sign lease agreement to lease out vehicle and also to hold onto PSV operators licence to hopefully pick up work in the future.....
....as an employee unable to go to RPS as no insolvency practioner / case number to quote....
...just consolidating all info and evidence in preparation .....think we have a good case but just need to action it somehow 

Providing the employer does not apply or enter into formal insolvency proceedings then they can submit a claim with the RPS. 

While it's a difficult time for you. Allow the ex employer time to address the matter first. Things may well take longer than normal. Until matters develop little point in speculating about available options. 

Do you mean that the employer can submit a claim with the RPS or the employee....is not clear from your answer

The employer can. 

Thrugelmir

JCS1 said:

GDB2222 said:

Suppose you go to tribunal and win, that doesn’t mean you get paid. You still have to enforce the judgment. That could mean bankrupting someone your husband has worked with for 15 years. Plus, it’s rather an expensive process to bankrupt someone. I suggest not starting on this road unless you are absolutely sure you are prepared to complete the journey.

Just checked - it’s a £600 fee to file the bankruptcy papers.

That is if you are making yourself bankrupt, for a creditor petition it's £1,270

https://www.gov.uk/apply-to-bankrupt-someone

Such action would burn any future bridges so to speak. 

Molly56

Thrugelmir said:

Molly56 said:

Thrugelmir said:

Molly56 said:

....don’t think Citizens advice can tell us anything we don’t already know......impossible to get through to ACAS, not even put in a queue.....considering solicitor but reluctant unless somehow we can recover costs......
....employer (sole trader) is claiming insolvency but is still planning to continue in business, currently planning to sign lease agreement to lease out vehicle and also to hold onto PSV operators licence to hopefully pick up work in the future.....
....as an employee unable to go to RPS as no insolvency practioner / case number to quote....
...just consolidating all info and evidence in preparation .....think we have a good case but just need to action it somehow 

Providing the employer does not apply or enter into formal insolvency proceedings then they can submit a claim with the RPS. 

While it's a difficult time for you. Allow the ex employer time to address the matter first. Things may well take longer than normal. Until matters develop little point in speculating about available options. 

Do you mean that the employer can submit a claim with the RPS or the employee....is not clear from your answer

The employer can. 

Do you have a link to the page that explains this.....would be useful to have so that we can point this out to employer when appropriate; thank you for your help

JCS1

Thrugelmir said:

JCS1 said:

GDB2222 said:

Suppose you go to tribunal and win, that doesn’t mean you get paid. You still have to enforce the judgment. That could mean bankrupting someone your husband has worked with for 15 years. Plus, it’s rather an expensive process to bankrupt someone. I suggest not starting on this road unless you are absolutely sure you are prepared to complete the journey.

Just checked - it’s a £600 fee to file the bankruptcy papers.

That is if you are making yourself bankrupt, for a creditor petition it's £1,270

https://www.gov.uk/apply-to-bankrupt-someone

Such action would burn any future bridges so to speak. 

It would - but then not receiving the redundancy payment due would potentially do the same

GDB2222

Thrugelmir said:

JCS1 said:

GDB2222 said:

Suppose you go to tribunal and win, that doesn’t mean you get paid. You still have to enforce the judgment. That could mean bankrupting someone your husband has worked with for 15 years. Plus, it’s rather an expensive process to bankrupt someone. I suggest not starting on this road unless you are absolutely sure you are prepared to complete the journey.

Just checked - it’s a £600 fee to file the bankruptcy papers.

That is if you are making yourself bankrupt, for a creditor petition it's £1,270

https://www.gov.uk/apply-to-bankrupt-someone

Such action would burn any future bridges so to speak. 

The point is that, if the employer is bankrupt, the OP  can claim the redundancy payment from the government. The trouble is that making the employer bankrupt is expensive, and the government scheme won’t pay that cost. Can I ask how much the missing redundancy payment is?

Thrugelmir

GDB2222 said:

Thrugelmir said:

JCS1 said:

GDB2222 said:

Suppose you go to tribunal and win, that doesn’t mean you get paid. You still have to enforce the judgment. That could mean bankrupting someone your husband has worked with for 15 years. Plus, it’s rather an expensive process to bankrupt someone. I suggest not starting on this road unless you are absolutely sure you are prepared to complete the journey.

Just checked - it’s a £600 fee to file the bankruptcy papers.

That is if you are making yourself bankrupt, for a creditor petition it's £1,270

https://www.gov.uk/apply-to-bankrupt-someone

Such action would burn any future bridges so to speak. 

The point is that, if the employer is bankrupt, the OP  can claim the redundancy payment from the government. The trouble is that making the employer bankrupt is expensive, and the government scheme won’t pay that cost. Can I ask how much the missing redundancy payment is?

Oh dear. I repeat the employer can apply. Providing that they are not insolvent. There's no need to make the employer bankrupt in order to achieve settlement. 

Business is a small world. Last thing anybody would wish for is a reputation for being unemployable. 

GDB2222

Thrugelmir said:

GDB2222 said:

Thrugelmir said:

JCS1 said:

GDB2222 said:

Suppose you go to tribunal and win, that doesn’t mean you get paid. You still have to enforce the judgment. That could mean bankrupting someone your husband has worked with for 15 years. Plus, it’s rather an expensive process to bankrupt someone. I suggest not starting on this road unless you are absolutely sure you are prepared to complete the journey.

Just checked - it’s a £600 fee to file the bankruptcy papers.

That is if you are making yourself bankrupt, for a creditor petition it's £1,270

https://www.gov.uk/apply-to-bankrupt-someone

Such action would burn any future bridges so to speak. 

The point is that, if the employer is bankrupt, the OP  can claim the redundancy payment from the government. The trouble is that making the employer bankrupt is expensive, and the government scheme won’t pay that cost. Can I ask how much the missing redundancy payment is?

Oh dear. I repeat the employer can apply. Providing that they are not insolvent. There's no need to make the employer bankrupt in order to achieve settlement. 

Business is a small world. Last thing anybody would wish for is a reputation for being unemployable. 

I'm not sure the OP is too bothered about that. Age 67 IIRC.