Redundancy help

ShandyAndy_2

Hi All

Hoping someone can help shed some light on my situation, I was working for a company for 6 years and on the 15th December last year we were called into a meeting and were told not to go in on the Monday as there would be no work, about a week previously a gentleman from the auctions came in and started putting lot numbers on equipment, when we asked about this we were told it was for insurance purposes, so lies basically, we then heard a rumour that the Director missed a HMRC payment and that HMRC couldn’t get in touch with the Director for taking payment, we were told that someone would be in touch with us either in the form of a takeover or about redundancy.

This never happened and still hasn’t happened, I have been in touch with the General Manager and he said it’s still in process and we will hear soon but it’s now over 3 months ago and I’m starting to get concerned that I won’t get anything, they very slyly opened another business a week before they told us the news and are still trading in the same building and have since changed names again.

I have been monitoring companies house and they are still down as being active but accounts overdue. 

I have been speaking with solicitors over the phone and have been given free advice that this could go on months, I have also filled a form in on the Acas website for early conciliation to buy myself another 3 months, I’m starting to feel mentally drained about the situation and hoping someone can enlighten me.

Thanks for reading 

iMat75

Hi, depending on the number of people involved the employer has a duty to consult under the Information and Consultation of Employees Regulations 2004 (SI 2004/3426).

Employers must also consult individually with potentially redundant employees. Are you still being paid?

Failure to comply with any of the rules on information or consultation, or on the election of representatives, can lead to a protective award being made by an employment tribunal. The maximum protective award is up to 90 days' gross pay for each dismissed employee. The statutory cap on a week's pay does not apply. The award is not based on loss of earnings, but on the seriousness of the employer's default. 

So you are right to go to ACAS and start the early conciliation. Have they been able to get hold of your employer? They should be keeping you updated.

If making redundancy payments puts the organisation at risk, they can ask the Redundancy Payments Service (RPS) for financial help. If they're insolvent they can get RPS to make the redundancy payments and recover the debt from the company assets.

Hopefully you will get your redundancy pay and be awarded additional compensation through the tribunal.  3 months is a long time to wait for any news though.

ShandyAndy_2

iMat75 said:

Hi, depending on the number of people involved the employer has a duty to consult under the Information and Consultation of Employees Regulations 2004 (SI 2004/3426).

Employers must also consult individually with potentially redundant employees. Are you still being paid?

Failure to comply with any of the rules on information or consultation, or on the election of representatives, can lead to a protective award being made by an employment tribunal. The maximum protective award is up to 90 days' gross pay for each dismissed employee. The statutory cap on a week's pay does not apply. The award is not based on loss of earnings, but on the seriousness of the employer's default. 

So you are right to go to ACAS and start the early conciliation. Have they been able to get hold of your employer? They should be keeping you updated.

If making redundancy payments puts the organisation at risk, they can ask the Redundancy Payments Service (RPS) for financial help. If they're insolvent they can get RPS to make the redundancy payments and recover the debt from the company assets.

Hopefully you will get your redundancy pay and be awarded additional compensation through the tribunal.  3 months is a long time to wait for any news though.

Thanks for the reply, not been paid since the day we got told not to come back on the Monday.

Acas called me today so could be moving forward slowly, yes it’s a long time to wait and starting to get concerned, hopefully Acas can get something moving.