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  • FIRST POST
    • PinguSticks
    • By PinguSticks 14th Jan 20, 11:47 AM
    • 3Posts
    • 0Thanks
    PinguSticks
    Redundant with no notice or pay and still waiting on wages
    • #1
    • 14th Jan 20, 11:47 AM
    Redundant with no notice or pay and still waiting on wages 14th Jan 20 at 11:47 AM
    My employer of two years has been having financial difficulties for a few months and told me right after New Years that he can't afford to employ me anymore and to not go back to work. I wasn't given any notice or notice pay. Due to the mentioned financial difficulties, I am also still awaiting my December wages and some wages from November.

    He plans to make the business I was employed under insolvent and so insists on me not needing a p45 because he says if he gives me that I "won't get redundancy pay from the insolvency". Without the P45 I am still listed as employed on HMRC records and so when I get paid for some part-time work I've managed to secure, I am also assuming that I might get taxed more than I should on that?

    I'm also wondering that if I get my P45, can I still claim statutory notice pay, for being given no notice and no notice pay? If so how would I do that?

    It's all a bit of a mess and I just need some guidance as to my rights and what I'm entitled to do.

    I hope I've posted this in the right forum category and thank you in advance for any help/advice offered
Page 1
    • m0bov
    • By m0bov 14th Jan 20, 12:52 PM
    • 1,747 Posts
    • 1,124 Thanks
    m0bov
    • #2
    • 14th Jan 20, 12:52 PM
    • #2
    • 14th Jan 20, 12:52 PM
    You really need to get legal advice from CAB ASAP.
    • kev2009
    • By kev2009 14th Jan 20, 12:55 PM
    • 546 Posts
    • 641 Thanks
    kev2009
    • #3
    • 14th Jan 20, 12:55 PM
    • #3
    • 14th Jan 20, 12:55 PM
    No experience of this BUT my current employer only pays redundancy when you have been employed more than 2 years. If under 2 years, they don't pay redundancy, they give you 1 weeks notice and that's it.

    Kev
    • Blatchford
    • By Blatchford 14th Jan 20, 6:08 PM
    • 562 Posts
    • 832 Thanks
    Blatchford
    • #4
    • 14th Jan 20, 6:08 PM
    • #4
    • 14th Jan 20, 6:08 PM
    My employer of two years has been having financial difficulties for a few months and told me right after New Years that he can't afford to employ me anymore and to not go back to work. I wasn't given any notice or notice pay. Due to the mentioned financial difficulties, I am also still awaiting my December wages and some wages from November.

    He plans to make the business I was employed under insolvent and so insists on me not needing a p45 because he says if he gives me that I "won't get redundancy pay from the insolvency". Without the P45 I am still listed as employed on HMRC records and so when I get paid for some part-time work I've managed to secure, I am also assuming that I might get taxed more than I should on that?

    I'm also wondering that if I get my P45, can I still claim statutory notice pay, for being given no notice and no notice pay? If so how would I do that?

    It's all a bit of a mess and I just need some guidance as to my rights and what I'm entitled to do.

    I hope I've posted this in the right forum category and thank you in advance for any help/advice offered
    Originally posted by PinguSticks
    it's a huge mess.

    If you haven't got two years or more employment theta no redundancy pay. Your statutory notice is one or two weeks - depending on exact dates. Having secured some work, however, complicates things still more. And that's before we discuss whether he really had filed for insolvency.

    Are you in a union?
    • PinguSticks
    • By PinguSticks 15th Jan 20, 5:03 PM
    • 3 Posts
    • 0 Thanks
    PinguSticks
    • #5
    • 15th Jan 20, 5:03 PM
    • #5
    • 15th Jan 20, 5:03 PM
    it's a huge mess.

    If you haven't got two years or more employment theta no redundancy pay. Your statutory notice is one or two weeks - depending on exact dates. Having secured some work, however, complicates things still more. And that's before we discuss whether he really had filed for insolvency.

    Are you in a union?
    Originally posted by Blatchford
    I would've been there 2 years the week after he told me not to go back to work. I was given no notice at all. I can confirm he has not yet filed for insolvency, and I haven't even received a P45 following our meeting, so as far as HMRC are concerned, I still work there.

    Unfortunately I'm not in a union.
    • lisyloo
    • By lisyloo 15th Jan 20, 6:19 PM
    • 25,788 Posts
    • 13,965 Thanks
    lisyloo
    • #6
    • 15th Jan 20, 6:19 PM
    • #6
    • 15th Jan 20, 6:19 PM
    If there was an insolvency then you’d be entitled unpaid wages, notice and redundancy from the government.
    In this case you should get a P45.
    In this case the government are very keen and insist you sign for JSA ASAP because they will not take on additional costs if you delay going to DWP (its A different government budget).

    However you don’t appear to have a formal redundancy or formal insolvency.

    In your position I would suggest going to the CAB.

    Presumably you are job seeking?
    • PinguSticks
    • By PinguSticks 22nd Jan 20, 4:20 PM
    • 3 Posts
    • 0 Thanks
    PinguSticks
    • #7
    • 22nd Jan 20, 4:20 PM
    • #7
    • 22nd Jan 20, 4:20 PM
    Thank you to everyone for your responses. I have finally received a P45, I am just waiting for this to update on my HMRC Personal Tax Account online.

    My next concern is getting my unpaid wages. I haven't been paid for December and am also missing some of my November wages. However, these months' earnings have been declared by my employer to HRMC. What can I do if they've declared earnings that I received?

    I'm very concerned that he'll just see it as a company debt and let it get swallowed up by the insolvency and never pay me? Can he do this?

    *Just to answer a couple of questions, I am currently job seeking whilst working a part-time job I managed to secure in the meantime. I have been in touch with Acas a few times and have tried CAB but they just give me standard-issue, straight-out-of-the-book answers. I'm going to try and get a drop-in appointment at my local CAB office*
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