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Original poster

Any accountants who'd not mind helping-company gone under

88 replies

mymoneyplant · 07/03/2023 13:03

I worked for a company who provided BTEC and other similar courses. I taught the courses.
They're now insolvent.
Students have paid various sizeable sums and now they cannot continue their courses.
I have to meet with them all soon to tell them this news which is going to absolutely devastate them.

Where do they stand in getting their (thousands of pounds) money back?

I am devastated for them, so awful that this has happened
Name changed for obvious reasons.

OP posts:
SheilaFentiman · 08/03/2023 12:40

“I've been told by my boss that because my laptop was sent to my house, I have to pay to return it to their head office. Had it been sent to one of their buildings, I could get away with leaving it there. That'll cost me.”

I wouldn’t agree to pay anything, TBH.

“The laptop is available when you wish to send a paid courier to collect it at an agreed time.”

Kazzyhoward · 08/03/2023 12:41

@mymoneyplant

I've been told by my boss that because my laptop was sent to my house, I have to pay to return it to their head office. Had it been sent to one of their buildings, I could get away with leaving it there. That'll cost me.

Your boss doesn't have the authority to tell you to return the laptop, how, or to whom. Wait for instructions from the liquidator. Try to stop getting ahead of yourself and trying to second guess what is going to happen. Just chill out, sit back and wait to be contacted by the liquidator. If you send the laptop somewhere without the liquidator's say so, you could become liable for it's value. If the liquidator want the laptop back (which is doubtful) they'll make arrangements with you to either have it collected or send you a prepaid label to post it back to them.

TheTeenageYears · 08/03/2023 12:41

You shouldn't be responsible for returning equipment to them. What does your contract say? If you handed in your notice and left that might be the case or even if you were being sacked for gross misconduct but under these circumstances I can't see how it's possible for you to incur costs. Presumably much like the students are going to be joining a long list of creditors for refunds where are you left in terms of being paid?

SheilaFentiman · 08/03/2023 12:45

OP may be able to make a claim for unpaid salary from the government in due course. Or, if the administrator is trying to sell as a going concern, she may be TUPE’d across to a new owner.

SheilaFentiman · 08/03/2023 12:47

See this

www.gov.uk/your-rights-if-your-employer-is-insolvent

Original poster
mymoneyplant · 08/03/2023 12:52

On the letter they sent (via email) to everyone it is written something such as;
'All staff will be contacted by the relevant practitioner in the coming weeks and issued a CN number which will allow you to claim any unpaid wages including holiday and notice in lieu payments. Staff will be required to return all equipment and keys by (this Friday) to (head office).'

OP posts:
SheilaFentiman · 08/03/2023 13:03

OP

Do you have a usual place of work in your contract?

Blanketpolicy · 08/03/2023 13:07

https://www.mumsnet.com/talk/am_i_being_unreasonable/4693031-tutoring-company-apparently-going-bust?reply=122089334

Very similar thread a couple of months ago , perhaps this poster could help with some advice if they are further down the process.

Kazzyhoward · 08/03/2023 13:39

mymoneyplant · 08/03/2023 12:52

On the letter they sent (via email) to everyone it is written something such as;
'All staff will be contacted by the relevant practitioner in the coming weeks and issued a CN number which will allow you to claim any unpaid wages including holiday and notice in lieu payments. Staff will be required to return all equipment and keys by (this Friday) to (head office).'

Who are "they" who sent that email? Do you mean the administrators or do you mean the current owners/managers if the administrators haven't yet been appointed?

LookingOldTheseDays · 08/03/2023 14:00

Seriously, OP - you need to take a massive step back from this.

Wait to be contacted by the administrator/liquidator. When they contact you, ask them about the laptop. Your boss no longer has any authority here, so ignore any demands they make.

Original poster
mymoneyplant · 08/03/2023 14:12

@SheilaFentiman I am not sure but I'll have a look. I doubt it however as they hired random buildings. And much of it is at home.

@Blanketpolicy thank you

@Kazzyhoward sorry-the CEOs sent that email.

I think my boss was just reading from what the CEO's letter asked us to do.

OP posts:
SheilaFentiman · 08/03/2023 14:31

I ask because getting you to go into your contracted place of work to drop off kit is more reasonable, assuming your employment is not yet terminated.

If you do drop the kit off anywhere, get a receipt. And if you have any personal stuff on there, take it off now.

Original poster
mymoneyplant · 08/03/2023 14:49

Thanks @SheilaFentiman I figured that's why you were asking :)

My employment was terminated already. I did offer to drop it off there (although I haven't ever worked there) and this was when my boss says it has to be sent back-albeit I hadn't made up my mind about whether I was willing to do that yet.
Nothing on thankfully! My boss is in the same boat as us all and is being wonderful-as I've said I think was just going off what the CEOs had written in the letter that was emailed to us.

OP posts:
Kazzyhoward · 08/03/2023 14:57

mymoneyplant · 08/03/2023 14:12

@SheilaFentiman I am not sure but I'll have a look. I doubt it however as they hired random buildings. And much of it is at home.

@Blanketpolicy thank you

@Kazzyhoward sorry-the CEOs sent that email.

I think my boss was just reading from what the CEO's letter asked us to do.

If the company is going into administration, the CEO has no authority to do anything. They hand over all powers and administration/management to the formally appointed administrator/receiver/liquidator.

I'd suggest you reply to the email saying that the laptop is available for them to collect from your home or you'll post if if they send you a prepaid trackable label. Either way you need proof of collection/postage.

SheilaFentiman · 08/03/2023 14:58

“I'd suggest you reply to the email saying that the laptop is available for them to collect from your home or you'll post if if they send you a prepaid trackable label. Either way you need proof of collection/postage.”

Yep, agree.

SheilaFentiman · 08/03/2023 15:09

And, as you have formally been terminated, you definitely should stop communicating with the students who are clients of the company.

”I’m sorry, I no longer work for X and cannot help with your questions. The head office details are XX for queries” might be a good blanket. Put it on an auto reply?

Alicetheowl · 08/03/2023 15:10

Why have your students been paying money for BTECs? These are the equivalent of A Levels but more practical. as I understand it, and the companies get cheap part time workers. Why are they paying?!!

LookingOldTheseDays · 08/03/2023 15:17

I agree with the posts above.

My employment was terminated already.

If this is the case you definitely shouldn't be doing or communicating anything at all. Why would you continue to work for a company after you've been terminated?

It will not go well if you start trying to provide legal or financial advice to the students when that is neither your specialism nor within your remit. There are procedures that the liquidator/administrator will follow with regard to all the creditors - you do not need to do anything at all.

And your CEO has zero authority (that's who I was meaning when I said "your boss") as they are no longer in control of the company.

Original poster
mymoneyplant · 08/03/2023 17:02

So, I either leave it to the liquidators or respond to the email (which should not longer be operational as all company materials have been closed down, now I think about it) saying that I'll return the laptop once they send a pre-paid postage label.

It was a BTEC Advanced Diploma.

All tutors are communicating with their students, helping them find new courses, being a support for them etc. Just because it was so awful how the company pulled the plug-some of them only started a month or so ago.

Not sharing anything that isn't in the public domain.

OP posts:
SheilaFentiman · 08/03/2023 17:08

“So, I either leave it to the liquidators or respond to the email (which should not longer be operational as all company materials have been closed down, now I think about it) saying that I'll return the laptop once they send a pre-paid postage label.”

It is possible that a few payments are being made to keep key systems on line, or that they are pre paid until the end of the month at least, and that therefore the software is working still for now.

I would send the email, and make sure you save it (you could bcc it to your personal email) - then you have responded and they can act accordingly.

SheilaFentiman · 08/03/2023 17:09

“All tutors are communicating with their students, helping them find new courses, being a support for them etc.”

It’s very nice of them but I would step back from it - you have your own awfulness to deal with re job hunting etc!

titchy · 08/03/2023 17:24

mymoneyplant · 08/03/2023 17:02

So, I either leave it to the liquidators or respond to the email (which should not longer be operational as all company materials have been closed down, now I think about it) saying that I'll return the laptop once they send a pre-paid postage label.

It was a BTEC Advanced Diploma.

All tutors are communicating with their students, helping them find new courses, being a support for them etc. Just because it was so awful how the company pulled the plug-some of them only started a month or so ago.

Not sharing anything that isn't in the public domain.

Advanced diploma is still level 3 though so should be free to under 20 year olds Confused

senua · 08/03/2023 17:41

Agree with everyone else:
Don't do the CEO's dirty work for him
Step away and put yourself first
The laptop is their problem, not yours. At the moment it is the only bargaining tool you have. Put yourself first.

Aaron95 · 08/03/2023 17:45

Firstly you do not pay to return the laptop. Tell your boss that it can be collected from your address. Do not spend any money to do this. If they or the administrators want it back they will arrange for it to be collected.

I understand that you are trying to help the students but seriously you need to be careful that you are not giving out incorrect information or advice.

If it is in administration it will be put under the management of licensed insolvency practitioners. Chances are any money students paid is lost but that will need to be confirmed by the insolvency company.

Oblomov23 · 08/03/2023 17:46

When were you last paid? How much are you owed? 1 month or more? I wouldn't even give laptop back yet!