Force majeure and redundancy

Molly56

Have just received a redundancy consultation letter from employer in which he appears to be using Force Majeure provision in order to try to avoid paying redundancy entitlement (15 years service) .....he is claiming that business is insolvent but is sole trader so that doesn’t really apply as not personally bankrupt 

Can Force Majeure be used as a reason not to fulfill his obligations under employment law with regards to paying redundancy ......and if so why are all companies not doing it!

sharpe106

Force majeure is not a reason but if the company is insolvent then you can claim from the insolvency service. 

Molly56

Would Force Majeure need to be proved in a court of law before an employer used this to terminate an employment contract of 15 years standing.....my thoughts are that employer is just trying to use this as an excuse not to fulfill his obligations under UK employment law and that without proof in a court judgement he cannot rely on that as a reason for not doing what he is obligated to do. 

Molly56

Still working on theory that force majeure claim by employer would need to be proven by him in a tribunal or court of law in order to rely on this as reason to get out of paying redundancy and more I think about it the more implausible the idea becomes. Have sen5 letter today to that effect and also pointing out all the other mistakes / errors / flaws in his arguments he has made in process to date. Will seek advice as necessary depending on what reply we next receive.