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DP made redundant, employer now started up new business.

7 replies

MissesBradleyCooper · 09/01/2014 10:35

DP has worked for the same building firm for 10 years. In October, the firm went into liquidation. There were around 15 employees. They were all given redundancy forms to fill in to claim pay owed (about 3 weeks worth)' holiday, notice and redundancy. DP sent these off straight away.
About a week after the company went into liquidation, DPs boss phoned him asking him to do some cash work which DP refused. He then asked him to work for him self employed, again DP refused. DP then got a job with a different firm.
Yesterday we phoned the administration company to chase up the pay out and we were told that DPs boss had set up another company so DP is not entitled to a pay out. Is there anything he can do?

OP posts:
MissesBradleyCooper · 09/01/2014 17:15

Bumping. Smile

OP posts:
prh47bridge · 09/01/2014 23:41

Your partner certainly does not have a claim against the new company even though it is run by the same person. It is legally completely separate. I presume the administrators are saying that there is not enough money in the old company to pay your partner and that he does not have a claim against the new company.

MissesBradleyCooper · 10/01/2014 10:17

Can he take action with his ex boss directly to recover the 3 weeks pay owed?

OP posts:
flowery · 10/01/2014 11:02

I'd suggest asking for the administrators to put in writing the reason they will not pay out his redundancy money and then giving this helpline here a call.

prh47bridge · 10/01/2014 12:00

Agree with flowery. And to answer your question, he can't take action against his ex-boss. Unless his ex-boss continued trading whilst insolvent, disposed of company assets for less than their true value or similar his ex-boss is not responsible for the company's debts.

shellbell1975 · 12/01/2014 18:23

Your husband would be entitled to claim for unpaid wages due to the administration, claims are paid from the government national insurance fund. Your husband should have completed a RP1 form and returned it to the administrator for forwarding to the Redundancy Payments Service. Give the insolvency practitioner another call and confirm if they have processed your husbands claim form.

Further info can be found on the Gov UK website.

ThinkAboutItTomorrow · 12/01/2014 18:27

It's a bloody disgrace companies can do this but they can. He should get the money off the government though - at least a proportion of it

Double check pension situation etc if there was a company pension as well

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