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bassackwards Mon 02-Apr-18 23:03:38
Hi gals!! I'm new here and I hope that someone can help me or give me a good advice
My former employer closed down business around 5 weeks ago (he closed down without any prior notice just sent message on Wednesday that he is closing on Friday that's it) and I was working for him 4 years. I'm 32 weeks pregnant now and when I asked for SMP he said he is no able to pay me SMP and send me paper for maternity allowance (I qualified for SMP) and I also asked for redundancy pay and notice pay and he said there is no redundancy pay as nobody is being made redundant from work as such the difference in the business is closing due to lack of sales and cash so the business is ceasing to trade (?!)
I called Statutory Dispute team and the lady said that I qualified for SMP after quick interview and she sent me form I replied straight away, my former employer sent her letter saying that:
"Please be advised that the company in question became insolvent and ceased to trade on 23rd February 2018. I can advise that no advance funding for SMP has been applied for prior to cessation. The company has no assets and no cash, hence it had to stop trading and the PAYE registration has been cancelled. The references were as follows:
..... has been advised of this situation several times and I have provided her with form MA1. We fully understand she is ENTITLED to SMP but the COMPANY has no means of paying it and has stopped trading and will therefore be unable to pay her SMP so she needs to request this from the Government"
So my first question is can someone tell me how long I have to wait for respond from HMRC if they have answers what's going on?
I would like to start my maternity no metter allowance or leave as soon as possible because am left with no money (I claimed for contribution JSA which I received - I don't know is that okay as a transitional period) but there is no chance for me to find a job at the moment I feel good and I can but no one take me because of my pregnancy.
I had appointment with CAB first then I contacted ACAS and I claimed for early conciliation, I received respond saying that
Acas will not be able to conciliate on a case if the Respondent (the business) has ceased trading as we would not be able to communicate with anyone if the business does not exist anymore.
Then I contacted and claimed for redundancy payments online (they can help if your employer is insolvent or bankruptcy)
By I also checked online on gov.uk and my former company shows still "active" so basically my former employer is saying that he is insolvent but really isn't? He can't be bankrupt because he has other business open
Anyone know how to deal with this?
You need to ring Acas or CAB as it sounds specialist but bumping for you - hope you get it sorted
Have you seen this guidance here?
I had early conciliation with Acas and they said that can't help me, just received a reference number if I want to make a claim in Tribunal.
Thanks anyway I hope this week brings some good news
I can't help with the smp question but I know that a company can remain registered (ie continue to exist) for a while after it becomes insolvent and ceases trading - the insolvency and de-registration process takes months (or longer) to resolve. But if there's really no cash/assets left in the company then you won't likely get anything out of them unfortunately.