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Redundancy & Liquidation

Hi all and Season Greetings!

I was made redundant in August (I've since found a new job) and am finally trying to get to the bottom of the situation surrounding my redundancy and see if I'm entitled to anything. I'm hoping that someone might be able to answer my queries and/or point me in the right direction.

I began my employment with the company in question (in the marketing and live event sector and based in London) in October 2019 and am therefore aware that at the point of redundancy I didn't qualify for anything that I would with over 2 years service.

The company I was working for had been in trouble for a little while largely down to bad management and ultimately got into dire straits as a result of the pandemic. Me and the other 20-30 employees were placed on furlough initially in May this year and in August were sent letters informing us that the company was being placed into liquidation. As such, our furlough pay stopped with 1 week's notice and I received 1 weeks' statutory notice pay even though my contractual notice was 3 months. I also didn't receive the outstanding holiday pay I would have been entitled to.

There were also other issues surrounding my redundancy when it transpired that the company had stopped paying their employer pension contributions 3 months' prior to my redundancy and in the months where furlough was being claimed, they had not been making any employer or employee contributions.

I have since discovered that the company has recently joined an umbrella group and begun trading again using the same website/social media channels as they had previously, with the same Managing Director and utilising a very similar name. This has changed from 'X X Ltd.' to 'X X London Ltd'.

My question is... as the company has begun trading again, am I entitled to or would I be successful in attempting to pursue them for the outstanding money that was owed to me at the point of being redundant?

Thank you in advance!

Replies

  • edited 27 December 2020 at 12:16AM
    ThrugelmirThrugelmir Forumite
    89.5K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    edited 27 December 2020 at 12:16AM
    As such, our furlough pay stopped with 1 week's notice and I received 1 weeks' statutory notice pay even though my contractual notice was 3 months. I also didn't receive the outstanding holiday pay I would have been entitled to.


    Did you not receive any communication from the appointed liquidator? 
  • jamesonhurstjamesonhurst Forumite
    8 Posts
    Part of the Furniture First Post Combo Breaker
    Forumite
    Yes I did and it stated that statutory notice pay would be paid in place of the contractual pay.

    I guess my question now is that as the company has essentially re-started, whether I can claim what should have been owed to me contractually and in any normal redundancy situation in addition to the pension debacle!
  • XoCAlopXoCAlop Forumite
    89 Posts
    10 Posts Photogenic Name Dropper
    Newbie
    Hi all and Season Greetings!

    I was made redundant in August (I've since found a new job) and am finally trying to get to the bottom of the situation surrounding my redundancy and see if I'm entitled to anything. I'm hoping that someone might be able to answer my queries and/or point me in the right direction.

    I began my employment with the company in question (in the marketing and live event sector and based in London) in October 2019 and am therefore aware that at the point of redundancy I didn't qualify for anything that I would with over 2 years service.

    The company I was working for had been in trouble for a little while largely down to bad management and ultimately got into dire straits as a result of the pandemic. Me and the other 20-30 employees were placed on furlough initially in May this year and in August were sent letters informing us that the company was being placed into liquidation. As such, our furlough pay stopped with 1 week's notice and I received 1 weeks' statutory notice pay even though my contractual notice was 3 months. I also didn't receive the outstanding holiday pay I would have been entitled to.

    There were also other issues surrounding my redundancy when it transpired that the company had stopped paying their employer pension contributions 3 months' prior to my redundancy and in the months where furlough was being claimed, they had not been making any employer or employee contributions.

    I have since discovered that the company has recently joined an umbrella group and begun trading again using the same website/social media channels as they had previously, with the same Managing Director and utilising a very similar name. This has changed from 'X X Ltd.' to 'X X London Ltd'.

    My question is... as the company has begun trading again, am I entitled to or would I be successful in attempting to pursue them for the outstanding money that was owed to me at the point of being redundant?

    Thank you in advance!
    Did you not receive any communication from the appointed liquidator?  

  • JCS1JCS1 Forumite
    4.8K Posts
    Part of the Furniture 1,000 Posts Name Dropper
    Forumite
    If the new company has a different company registration number, then (whilst it may be a phoenix company) it is not the same company.
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