Who do I sue?

[dj9928]

My 3 month window in which I can take my ex employer to a tribunal is almost up and no redundancy payment has come through yet, The administrator tells me it should of been paid by now and the redundancy payment service say they are investigating the redundancy payments as they think a transfer has been done meaning sham redundancies.

 

So who do I sue saying the old company is now insolvent? Or how do I go about this? Any help greatly appreciated.

[honeybee13]

Hello there. I can understand your dilemma and hope we can help you.

 

If I were in your position, I would issue ET papers within the deadline just in case, but I'm not sure who they should be against.

 

I hope the guys will know the answer.

 

My best, HB

[dj9928]

Yes neither do I, You can do it online, at the moment I put the old company, the administrator but do I also put the new company?

[mariefab]

To be on the safe side you could put the old company in section 2 of your ET1, then put both the administrator and the new company in section 11.

In the blank space at section 7 you can explain that you have incuded all 3 potential respondents as you have been unable to ascertain which of them is liable.

[dj9928]

I was made redundant on 5th January and as yet no payment, Any time you phone them they say they are investigating a possible tupe transfer but the employer has already supplied all the information to prove this wasn't the case, they are looking any excuse to get out of paying our redundancy, its dragged on so long I have had to open a tribunal case and has no end in sight. Has anyone else had issues with these clowns?

[becky2585]

They are notoriously slow! I guess it's the volume of work they have to deal with. Just be patient and keep chasing them. It took around 4 months the last time I dealt with them for payments to be processed.

[dj9928]

Myself and my former co workers chase them weekly but its the same old story, "We are still investigating" There doesn't seem to be any progress at all, completely fed up. 14 weeks now I make it.

[dj9928]

When its coming from the national insurance fund what way does it work exactly? Do you receive your redundancy payment first then pay in lieu of notice and unpaid wages etc? And whats the time scale between the 2?

[honeybee13]

Hello there.

 

Do you have another thread about this already please? Otherwise, I think the guys may need a few more details from you in order to advise.

 

I assume you're trying to claim from a company that has gone into adminstration or similar?

 

My best, HB

[dj9928]

Yep, it went into administration, there was alot of confusions as to whether a tupe transfer occurred as it got taken over but they have investigated and decided to pay 5 months later and I should have some money next week, I just have no info on how exactly payments work and what way they do it, I think they pay redundancy first but am unsure about wages and the likes

[elche]

Hi

 

I have only actually claimed once from the RPO. This was 2009 and this client was claiming (from memory) unpaid SRP, unpaid wages (notice pay), unpaid holiday and I think also the basic award for unfair dismissal.

 

The client did receive the sums in 2 separate cheques about 2 or 3 weeks apart. It was not a difficult process and we filled in one RP1, and the RPO sent a further questionnaire as regards the unpaid holiday and wages I think.

 

You can get an overview of what you can claim here http://www.purnells.co.uk/limited-company/employees.html and also see the RPO phone numbers there. Now I cannot remember if you have to put the ET1 in to get the basic award for unfair dismissal, I remember that we nearly did because the 3 months was coming up and the RPO had not processed the claim but this part I can't remember right now.

 

Just contact the RPO and double check about the unfair dismissal element - that is if that applies to you as this is not clear from the OP.

 

Che

[dj9928]

Thanks for the reply, No unfair dismissal, the RPO deemed a tupe transfer did not take place although it took them almost 5 months to look into it. So now they have that sorted I am hoping the payments are quick with no more hold ups.

[mariefab]

Here's another useful link for you:

 

http://www.bis.gov.uk/assets/insolvency/docs/forms/redundancy-payments/urn12-561-rp1-fact-sheet

[dj9928]

Ok got a letter today saying money should be in tomorrow or Wednesday, and a questionnaire for PILON which asks what benefits I claimed etc, but no mention of unpaid wages etc, when are these paid?

[dj9928]

I got this letter today.

 

I refer to your claim for payment from the National Insurance Fund regarding Holiday and arrears of Pay owing in respect to your former employer named above.

 

I regret to inform you that we must reject your claim as under the Employment Rights NI Order 1996 holiday pay and arrears of pay cannot be paid after the date your former employer became legally insolvent. The above named employer entered into a CVA on 25/5/11. You last worked 9/1/12, 8 months after this date therfore we cannot make a payment to you from the National Insurance fund.

[honeybee13]

Hello there.

 

I think you may need to tell us a bit more in order for the guys to advise you. The letter seems to say that your employer was insolvent months before you stopped working there. Is this right please?

 

My best, HB

[dj9928]

Apparently they got put on a Company Voluntary Arrangement last Spring, I suppose the plan was to try and continue and hope for the best, they closed in January.