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Help,,,, Does anyone know anything about redundancy tribunal??

(18 Posts)
sep1712 Tue 27-Jan-09 17:12:03

My DH lost his job as the company closed due to lack of work. He didn't have any notice or redundancy pay. Luckly he found a job.

We have a hearing with the employment tribunal and his ex company. They have claimed that they are insolvent. Does anyone know what we need to do before we go to court? what will happen??? and if we will get anything.

He worked there for nine years and never even received a sorry or a thank you.

Thanks for looking and hope you can help.

LadyMuck Tue 27-Jan-09 19:00:57

From the CAB Adviceguide website:
If your employer has gone out of business (is insolvent) and an administrator or liquidator has been appointed, you should claim your redundancy pay from the National Insurance Fund. You can contact the Fund's Redundancy Helpline on 0845 145 0004. You can download a form for a claim at the website of the Insolvency Service at: www.insolvency.gov.uk.

If your employer has stopped trading but is not insolvent, write to your employer claiming your statutory redundancy pay. If your employer doesn't make the payment, you can make a claim to an employment tribunal. You must do this within six months of the date your employment ends.

If an employment tribunal decides that you have the right to statutory redundancy pay but your employer still doesn't pay it, you can make an application to the National Insurance Fund for your redundancy payment.

LadyMuck Tue 27-Jan-09 19:02:55

If the company has gone insolvent then they should have appointed an administrator (who is independent from the company). The company should be able to tell you their name so you should be able to find out for certain whether the company is insolvent. If the company is insolvent then you may as well go to the NIF directly unless you are also trying to claim for other matters.

sep1712 Tue 27-Jan-09 21:57:23

Thanks for that ladymuck. We have a letter via the employment tribunal from the companys solictor stating that they have gone insolvent thats why i can't understand why they they have called a hearing.

I think i should cab for some advice don't you.

We are not trying to claim for anything else so maybe i should contact nif asap.

Thanks again.

LadyMuck Tue 27-Jan-09 22:01:33

Well I would have still expected the company to have put into writing the fact that you were made redundant, and what the pay would be. I think that as they didn't follow the statutory dismissal procedure then you would be entitled to an award in addition to the redundancy pay, though if the company is insolvent then you might not actually see anything for your effort. Going to NIF should ensure that you get some cash at any rate.

sep1712 Wed 28-Jan-09 15:50:12

Thank you lady muck. Spoke to NIF today and they say that the company isn't registered insolvent. So it will have to go to a hearing. Unsure what we have to do to prepare. Any pointers would be gratefully received as we can't afford an legal advise. The employment tribunal, Acas or NIF doesn't seem to be very helpfull. I also can't get through to CAB either. I've read through things on there internet site but can't find the right infomation.

Thank you again

OneLieIn Wed 28-Jan-09 15:52:15

Do you have house insurance? Most policies often have family legal protection. If so, contact them and they will put you in touch with a solicitor for free.

LadyMuck Wed 28-Jan-09 16:00:10

Well if you have a hearing date I assume that you have already filled in a form ET1? What have you put on there? I'd presume that the company hasn't followed any formal dismissal process if he had neither notice nor redunancy, so as well as a claim for redundancy there will be a claim for unfair dismissal. Did you get any help or advice when filling in the ET1?

sep1712 Wed 28-Jan-09 16:55:22

Hi lady muck

I didn't get any help filling in ET1. I didn't know you could claim unfair dismissal at the same time as redunancy, i thought it was one or the other. Not very clued up am i.

If you have time can i explain exactly what happened. The company was up for sale, the land, contents, employees and contacts. The owner found a buyer. My husband was temp moved to the current workshop of the new buyers as his boss didn't have any work at that site, till it was all relocated. The buyers pulled out of the take over because of some disclosed information. In the same week his original boss handed him his p45 without a word. This left him unemployed by his original boss? The new company, which were going to take over, Were happy with dh's work and offered him a three month trial which he's luckly finished and still happy there. So no notice, no communication, no redunancy.

Ex bosses solisitor's only communication was with the tribunal to state that the buisness was insolvent, and no further contact would be made. We recieved the letter on saturday stating the details of a hearing. Not sure what they will do next? Can they settle out of court? can we still claim unfair dissmissal? What would happen if they just didn't turn up?

Very sad really, Dh worked for this guy for nearlly nine years, never let him down, never late, stayed and helped late when needed. Ideal employee. They even became friendly socially. Then he goes and does this! My dh is a soft touch. If he'd explained to dh what was going on and how hard he had things a the moment he would have been brought with a few ££££.

Sorry so long winded, but hope you can help.

Oneliein, thanks for that i didn't know.I'll look into it.

LadyMuck Wed 28-Jan-09 18:09:42

Essentially there are 2 claims. One for unfair dismissal on the grounds that it sounds as if the employer didn't follow an appropriate procedure, and one for the redundancy pay.

How many employees were made redundant? What has happened to the other employees?

Is there any date set for case-management or a prehearing? If a solicitor's letter is the only evidence filed by the employer then presumably they won't turn up. Make sure that you have dh's contract of employment, P45 and any evidence of how long he has been employed. Also bring any evidence that would support any other money owed eg for unpaid holiday.

The ET site takes you through whats happens at a hearing. Once you have your award you will either have to go to county court or back to NIF/Redundancy Payments Service in order to get the cash I suspect.

sep1712 Wed 28-Jan-09 20:20:47

Gosh, your so good ladymuck thank you so very much for taking the time to help us through this. I didn't know where to get help from, mumsnet comes up trumps again.

There was only one other employee, he was also offered a job were my dh now works. He hadn't been there as long and didn't do anything about it. He has now left it too late.He's only young, still lives at home, although on a lower wage i'm sure he doesn't need the money enough to be bothered to go through all this.

There isn't a case-management or a prehearing. It does say at the bottom of the letter 'You must comply with any case management order issued'. But we havn't had one?

He didn't have a contract.I'm hoping i can get some statments from the bank to prove his length of employment or the inland revenue for past p60's? He only had a couple of days holiday owing so we wasn't go to bother with that.

Will we be able to bring up the unfair dismissal and redundancy at the hearing? or will we have to put in another claim for the unfair dismissal?

Sorry to bombared you, but thank you again lady muck.

LadyMuck Wed 28-Jan-09 20:34:44

Can I just check - is there any chance that it is the case that part of the business has actually transferred over to the new employer? Is he being paid at the same rate and does he have a new contract of employment?

sep1712 Wed 28-Jan-09 20:45:10

He's on the same rate as before. His new employer said he was taken on because they needed more people anyway. That his employment record was starting afresh with them not included as a take over. My dh does suspect that they have brought the customer contact book but thats all.

He hasn't got a contract with them.

LadyMuck Wed 28-Jan-09 21:02:53

Well your dh is entitled to written particulars of his new job within 2 months of starting, and I would suggest that he asks for that. One possible defence that could get raised at ET would be that in fact your dh was subject to a TUPE transfer and therefore was not made redundant. If you get a letter from the new employer to support that this in fact was not the case it would be helpful.

On what date did you dh get his P45? If your dh has done 3 months with his new employer then I suspect you are out of time for a new claim, but CAB may be able to give you better advice. Does your dh belong to a union or professional body?

sep1712 Wed 28-Jan-09 21:19:43

ok i'll get him on the case tomorrow re his contract, just always shyed away as they always word them to there advantage. I'll phone his new employer and ask for a covering letter.

He received his p45 in september. He's not part of any union etc.

Maybe i'm being really thick but what is TUPE? a take over?

LadyMuck Wed 28-Jan-09 21:46:35

See here for TUPE.
If part or all of the business has been transferred including the employees, then potentially the TUPE regs kick in. Whilst it doesn't sound as if they have I think that this is something that you would want to be certain of before an ET.

Sorry that you're having to go through this, but glad that your dh has found a replacement job.

Re unfair dismissal, unless you mentioned it on the ET1 you may be out of time? I'd phone the ACAS helpline or CAB to be sure. Presumably it can do no harm to emphasise this at the ET. If in fact the company is insolvent then I'm not sure that you would be able to recover any compensation from the NIF, just the redundancy pay.

sep1712 Wed 28-Jan-09 22:05:48

So tasks tomorrow are:

Get a contract and a covering letter from new employer.

Sort p45 and p60's and bank statements.

Phone cab/acas to see if we can persue unfair dismissal.

Sorry to keep asking but does the nif pay notice period pay?

What would happen at the hearing if they didn't turn up?

sep1712 Fri 30-Jan-09 15:36:50

Hi lady muck.

It's not looking good. Nif have said he isn't insolvent. Cab have said that if he isn't insolvent and a ltd company that if he doesn't pay up there isn't much we can do!

Thank you for all your advice.

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