Notice pay 12 April 2020 at 9:11AM in Redundancy & redundancy planning 17 replies 711 views

utv270

While off work with work related stress I agreed with my employer to terminate my employment through mutual consent. The company had a contract drawn up through their solicitor and my solicitor suggested I sign it. The contract stated my employment would terminate on 13/3/20 and I would then receive 12 weeks notice pay within 14 days. I never got the notice pay as the company filed for voluntary liquidation just after I signed the contract. I had previously asked my employer to make me voluntary redundant as I had my hours reduced for the last 18 months of my employment. I feel my employer has done this deliberately and has left me penniless. I have contacted the liquidation company who said I would be a unsecured creditor and I would get nothing 
please help

JReacher1

I can’t imagine a company has deliberately liquidated itself to avoid paying you 12 weeks notice. 

If you were still an employee you could have got your notice and redundancy pay from the government. I suppose the question is whether you had actually ceased to be an employee before the company was liquidated. 

utv270

I was off sick at the time and my solicitor contacted me saying their solicitor has been in touch and said if I don’t sign on 13/3/20 the deal was off the table the deal was rushed through. The company would have known they was going to go through liquidation and it was a deliberate act of nastiness.  

utv270

if if the contract was broken because I was never paid my 12 weeks notice does that me the contract is null and void and effectively I would still be an employee when the company filed for liquidation 

JReacher1

I don’t think the contract really matters. 

The question is whether you were legally an employee of the company at the time it went into liquidation.   If you were still officially employed you can claim redundancy from the government. If not then you’re a creditor 

utv270

The liquidation company said I would be an unsecured creditor and be bottom of the list and get nothing. How can this possibly be fair after 18 years. There must be something I can do I can assure you this was a deliberate act by the two company directors. I have messaged them twice since to explain their actions and they have ignored me 

Comms69

Why would they fold the company just to avoid paying you 3 months wages? Closing the company and losing contracts would cost them far more than that.

utv270

I believe it was done out of spite they rushed me into signing the contract then folded. They could have contacted me and furloughed me before liquidation under the employment retention scheme I would now be looking at £20,000 worth of redundancy pay. They knew exactly what they was doing 

Comms69

Dude, no-one closes a company over £20k. It's pocket change. 

utv270

The point being if the company was already in financial trouble they should not made  me enter into a legally binding contract knowing they had not got the money to honour. This is a dereliction of duty, and a case of misfeasance  

Comms69

utv270 said:

The point being if the company was already in financial trouble they should not made  me enter into a legally binding contract knowing they had not got the money to honour. This is a dereliction of duty, and a case of misfeasance  

They didnt make you. You had legal advice. 

Sorry