Made redundant because of insolvency, but business not actually insolvent

lincroft1710

ClaraSolis said:

General_Grant said:

ClaraSolis said:

antonic said:

If the Company has any HMRC debts, HMRC *can* object to the Compamy being struck off Companies House and so the Co will show on Companies House as Active - Prepared to Strike Off.
Does the Company owe anything to HMRC ?.

I don't know if they owe anything to HMRC, they might do?
On Companies House they are listed as "Active — Active proposal to strike off" (from 6 July 2021), but then in the filing history it says "Compulsory strike-off action has been suspended" (from 5 August 2021). So I am not sure what exactly this means.

What it looks like right now is that I will run out of time (end of this month) and they get away with not paying me the money they owe me. 

That's why I suggested writing a "letter before Action".
Any insolvency practitioner should have been given a list of creditors - and you are one - and should contact you.

I did write a letter telling them what they owed me and that I expected to receive this within 10 days or I would take further steps, sent it via email and signed for mail. All I got from them is that they are still working on the insolvency, which I think is a lie. So then I started Early Conciliation with ACAS and have a case with them, but nothing has happened through that either... 

If that is how you worded it, that is not a Letter Before Action. An LBA needs to actually say you will initiate court proceedings if you do not receive a reply within  (usually) 14 days. 

General_Grant

ClaraSolis said:

General_Grant said:

ClaraSolis said:

antonic said:

If the Company has any HMRC debts, HMRC *can* object to the Compamy being struck off Companies House and so the Co will show on Companies House as Active - Prepared to Strike Off.
Does the Company owe anything to HMRC ?.

I don't know if they owe anything to HMRC, they might do?
On Companies House they are listed as "Active — Active proposal to strike off" (from 6 July 2021), but then in the filing history it says "Compulsory strike-off action has been suspended" (from 5 August 2021). So I am not sure what exactly this means.

What it looks like right now is that I will run out of time (end of this month) and they get away with not paying me the money they owe me. 

That's why I suggested writing a "letter before Action".
Any insolvency practitioner should have been given a list of creditors - and you are one - and should contact you.

I did write a letter telling them what they owed me and that I expected to receive this within 10 days or I would take further steps, sent it via email and signed for mail. All I got from them is that they are still working on the insolvency, which I think is a lie. So then I started Early Conciliation with ACAS and have a case with them, but nothing has happened through that either... 

I honestly don't think any insolvency practitioner is actually assigned to the company, because surely then I would've heard from them already? I asked my boss for contact details of the insolvency company and he never replied to that request. 

A "letter before Action" means you need to take legal action if they don't pay you within the timeframe you have set.  If this is a debt they owe, I'm not sure how "conciliation" works.  
How much money are you talking about?

Own_Worst_Enermy

You do know you don't have to be in employment to go to the pension regulator for the missing year you mention?

Start a claim today. 

I mean I once went to the PR 6 months on from employment where my ex employer decided to try and enroll me after 6 months of employment when I had actually quite conveniently left... oh and they forgot they needed to pay holiday pay.....  I got my pension conts out of them if nothing else. They brought sliver plated 'wash your hands' for the bathrooms when there was evidence from the small scale team where this was already happening as opposed to any concern paying into 'Employee pension;

But

Turned out they seriously thought their accountant told them what to do override all else... ahhhhhh.

(ironically the missed 6 months worth of holiday pay, another employer later made it right if that makes any sense)

ClaraSolis

lincroft1710 said:

If that is how you worded it, that is not a Letter Before Action. An LBA needs to actually say you will initiate court proceedings if you do not receive a reply within  (usually) 14 days. 

Ok, so that's something else then from what I sent. I followed the advice from ACAS to send a Formal Letter for Unpaid Payments, which then mentioned that I would be contacting ACAS to begin a formal dispute if the payment was not received in 10 days’ time.

General_Grant said:

A "letter before Action" means you need to take legal action if they don't pay you within the timeframe you have set.  If this is a debt they owe, I'm not sure how "conciliation" works.  
How much money are you talking about?

I simply followed the steps and advice I was given by various people/online and that was to start Early Conciliation through ACAS. They have said that if we don't get a resolution, I get an " early conciliation certificate" on the 16th and can then use that to open a claim with the Employment Tribunal. But I think that will already be too late then, and if this is something I have to pay for I can't afford it. 

In regards to amounts, if I calculated it correctly redundancy pay should be just below £2,700, plus then the same for notice pay and about £550 holiday pay (already too late to claim for the last two through the Tribunal apparently). Missing pension payments I think are around £1840.

Own_Worst_Enermy said:

You do know you don't have to be in employment to go to the pension regulator for the missing year you mention?

Do you claim through the Pension Regulator or The Pension Ombudsman or somewhere else? 

lincroft1710

ACAS are advising you about an Employment Tribunal appeal, General Grant and I are advising about what is commonly known as "Small Claims Court" but is officially MoneyClaimOnLine.