Redundancy help

[Feedingwondering]

Hoping someone can advise. I work(ed) for a company that went into administration this week. As staff, whilst we knew we were looking to secure funding for the future of the business, we had no idea something like this was a likely outcome.
This week we were called into the office, addressed by the administrators and let go on the spot. Asked to hand back all company property, paid up until that day and told to leave. At present, this means we have been left without:

• a full months salary
• redundancy pay
• untaken holiday pay
• notice period pay

No consultations occurred or anything like that (I’ve been through redundancy before at another company). I just wondered what my best next step is in terms of whether I can pursue anything like unfair dismissal claims. I know I can claim redundancy pay and holiday through the government once I receive the letter. Potentially statutory notice too? Currently looking at whether I can even pay the rent and bills this month with part of a months salary, and the threat of losing my home for me and my DS. Very worried and also very angry.

Contact ACAS. They are very good at giving employment advice. Ask your mortgage company for a break, or if you’re renting, tell your landlord what’s happened and look into the benefits you’re entitled to. Sorry this has happened OP. It’s awful.

I had read about a basic award of compensation made by an employment tribunal/redundancy protective award when the administrator had not gone through consultation process etc. Fully aware redundancy process will look different when a company has gone through administration. Also just trying to secure my home and future.

Are you in a union?

The administrators will have led the administration process many times, it's highly unlikely they will have got it wrong. It's probably worth checking with ACAS to be certain but I wouldn't bank on it. Throw your energy into funding a new job instead.

I'm sorry this has happened, it's shit. I hope you get sorted quickly.

Sorry to hear that, OP. This happened to a company I worked in the first week of Covid. Administration gets them off everything unfortunately. There's nothing to consult on! The company closes and everyone goes. You'll just have to submit your claim to the government.

They really should have warned you this was a possibility.

This gets asked a lot on here. I'm not sure how well known it is that unions don't really play a part outside of the public sector. 90% of private sector employees are not in a union.

its 10 years since I worked in insolvency so this might be a bit out of date. It was just becoming a “thing” when I left and is possible to make a claim. Anything you are awarded (which you will be) will be an unsecured claim in the administration so unless there is a load of money you may not get any more money - it wasnt paid by the RPS like arrears of wages, holiday, PILON and redundancy.
personally I’d focus on getting my claim to the RPS in as it used to take a few weeks to process and look for a new job. If I had spare time and there was going to be funds for an unsecured distribution go for it, but don’t pay any money to bring the claim.

You can’t claim unfair dismissal. You’d need to claim redundancy from the government
https://www.gov.uk/your-rights-if-your-employer-is-insolvent

@Feedingwondering Did you manage to bring a Protective award claim and what was the outcome? I'm in a similar situation and considering my options.

No one else on a thread will know if a poster is part of the 10% or the 90%, so it's still a valid question.

Anyone can join a union. An employer only has to recognise a union if more than 30% staff are members. If your union isn't recognised, there won't be collective bargaining for pay or organised strike action. If you don't have a recognised union, you won't have an onsite union rep who is part of the workforce - but the union can provide a rep from ventral office - and as they are probably doing it as a full-time job rather than voluntarily on top of their day job, they can be more effective.

A lot of what unions do these days is support indiviiduals going through grievances and disciplinaries and redundancies, which is exactly why it's a good question to ask in this case. Just because many people are ill-educsted on their rights to choose to be a union member, and what unions actually do, what services they offer - that doesn't mean the question shouldn't be asked.

There’s not much a union can do if a company is in administration though. It’s not like they can call a strike.

You claim off the government is for basic redundancy if I remember right I think you have to wait 3 months

yes it’s shit but the company’s folded you can’t claim unfair dismissal or anything like that
plough your energy into finding a new job your on a hiding to nothing

That's true, but they would be able to tell members, in this situation, this is what happens, these are your rights and what you can claim, this is what you're legally entitled to - all information which is out there anyway, but a lot ilof things unions get involved with is because employers don't follow legal requirements properly.