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Employment Tribunal Win - Please read and advise - Help Needed - Thank You


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Hello,

Very happy to have found this site and hope for some assurance if possible.

 

The company I worked for went into insolvency in Dec 2010. I completed the RP1 and sent that to the practitioner. At the same time as doing this completed the ET3 form for request of a hearing from the employment tribunal. I done this so that I could get all monies that are owed, I.e.: bonus, holiday the lot, from my ex-employer. This almost total £6k.

 

I finally received money from the NI redundancy fund for £3k, which was statutory. A few days before I was to go to court for the employment tribunal, I received a call advising me that I was no longer needed to attend and to expect a letter advising me of the Judges stand on the matter.

 

The result is a very good one. The outstanding monies owed have been agreed by the judge and orders placed for the respondent to pay.

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Cont....

 

So I have now just got off the phone from the insolvency practitioner advising him if the outcome. He did not sound to pleased and advised me to contact the Redundancy Agency. I said that there would be no need for this as that money had been received and I was now chasing all other money owed, just over £3k. He advised me to send it to him, which I will do later today.

 

Now my question is this. If the company is now being liquidated what are my chances of getting the owed monies. Would it best to go straight to the county court with employment tribunal’s judgement or will the insolvency practitioner have to make payment with out to much fuss?

 

Any advice would be greatly appreciated.

 

Many Thanks

RP23

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Hi,

 

Residual payments as the ones you describe in your post will place you as a preferential creditor, meaning that when all of your employers' assets ar divided amongst all creditors, you will receive payment ahead of other creditors. Nevertheless, bear in mind that there might be insufficent funds left to pay you... but you may (!) recover sme money.

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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