Company In Administration

[domscams]

Hello,

Basics are my company went in to admin, within a week i was gone with no notice, i can only claim stat redundancy pay etc, but the company has basically had a MBO and the same owmers are owning it under a new name.What i want to know is am i able to claim anything against the Owners of the new company who basicaly owed me money (ie extra redundancy pay etc)any ideas/advice would be great

 

thanks

[honeybee13]

Hello. This sounds awful for you, and a bit dodgy, possibly.

 

Do you know anything else about how this was carried out? I'm guessing the company was put into administration because it was insolvent and unable to carry on in business?

 

Have the management bought the company from the administrator? And do you know what was paid for it?

 

They don't seem to have transferred the staff to the new firm, so there were no TUPE procedures. Is that right, domscams?

 

It's a little outside my knowledge, but I can ask someone I know and I'm sure help will turn up on the forum.

 

My best.

[domscams]

Yes dodgy but legal i think, the directors have bought back the company from the administrators, i was made redundant during the admin period, the company has come out of it but with some of the business still in admin.The fact that the company is still going under the same facia but have only changed the company trading name seems wrong, im sure i heard you can now claim against the directors from the previous company now in control of the new named compant which is still exectly the same!

 

thanks

[honeybee13]

Hello dom. I didn't like to say dodgy but legal, but I think you could be right. It doesn't mean it's fair though. Can you prove the directors are exactly the same people, or maybe their relatives? HB

[honeybee13]

Have you been in touch with the administrators/insolvency practitioners? I believe they are responsible for sorting out the old company's finances and paying creditors, NI and pension scheme contributions, etc.

 

If you don't know who they are, I understand you can find out from Companies House. My contact says this situation is not uncommon with companies, especially private ones, although I would think it's unacceptable to the majority of the public.

 

Does anyone else have constructive comments please?

[domscams]

i am pretty sure that when i find out the new name if i go on companies house that will tell me, then to compare with the previous, if there was new directors then i shall find the link to the old,i really need to know if i can or cannot pursure my full entitlement against this new company so to speak

thanks

[honeybee13]

I agree, but I still recommend you to get in touch with the administrators. I did this fairly recently for a friend and found that company helpful. I think that's where your initial claim should be, as they are acting on behalf the old company now. If it's a good firm, they will be knowlegeable.

 

I know you feel angry and would like to avenge this, but you need to go into all angles and gather evidence. The administrators may give you information and caggers will help all they can.

 

My best.

[domscams]

thank you kindly

[teaboy2]

Hi Domscams,

 

You need to contact the administrators as they are responsible for crediting all creditors that the company owed money too that includes employees, so whatever you didnt received in your redundacy pay which was part of your contract on top of your statutory redundacy (which includes accured holidays by the way) then it is the adminstrators acting on behalf of the company that you need to contact.

 

If they fail to pay you then yes you can take legal action against the directors of the company if it is just a simple change of name, which a lot of companies that go into administration do in order to avoid being associated with the bad press from the previous company name.

 

Alternatively if the company will not pay you through the adminstrators then ask the adminstrators for an RP1 Form as the government will then pay your redundancy money that is outstanding. You may also speack to acas regarding them not giving you any employment notice aswell and see weather it would be worth your while making a claim for breach of contract, as the notice period is a contractual and legal requirement in all employment contracts.

 

Hope that helps Domscams and you may thank honeybee for pointing me to your thread

[domscams]

Hello,

Yes it does help , thanks....i have had to fill out a rp1 already and have just sent off, i know they are only going to pay me the srp and if i dont do something then i will lose out on a fair whack, some other employees will lose out on £20000 if something cant be done, the notice claim or protective award is like Woolworths staff filed for in Dec 2008 , they still dont have a court date yet, and i hear when it does get there there wont be any money left to give them.

Do you work for a company dealing with these matters all the time??

 

thanks again

[teaboy2]

Hi Domscams

 

No i dont work for a company involved in such matters. I do however own a company and employ people to work for me so i am pretty upto date on all the relevant employment laws.

 

I agree by the time the former woolworths employees get to court there probably will be no money left to give them. However in your case (assuming it was less then 3 months since you last worked) the employment tribunal would be the quicker route. If they refused to pay what the tribunal orders them to pay then you need to request a RP0 form instead and the government may pay what is owed to you through the Redundancy Payments Office (there may be a limit as to how much they can pay you though).