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Unfair dismissal - Company Insolvant

2 replies

ItchyKondera · 21/09/2017 14:26

Hello all - just looking for a bit of advice
DH worked for his employer for just under 3 years, we knew things were looking a bit shakey financially for the company and has started looking around
He went in to work on the day they were supposed to be paid their monthly wages, and were told "sorry, company aren't paying anyone, go home until we resolve it" and the next day "sorry, everyone being made redundant as of today - you will get a letter in the post". So no consultation or anything like that

We have claimed back the unpaid wages, redundancy pay and notice pay from the government insolvency services but it also mentions on their website claiming an award for unfair dismissal

Now - my question is - as the company is insolvent, is there really any point trying to claim anything? We have logged it with ACAS within the 90 days window just in case

thanks!

OP posts:
flowery · 21/09/2017 14:49

It sounds like a genuine redundancy situation? Yes with a redundancy there is supposed to be consultation, so a fair process wasn't used, but it's difficult to see much point trying to bring a claim on a technicality of procedure when the loss your husband could demonstrate as resulting from the lack of procedure would be very, very small, plus the company is insolvent anyway.

I would suggest focusing energies on moving on and finding something else.

ItchyKondera · 21/09/2017 16:07

Thank you - yes that is what I thought. Money is tight after me being on mat leave and with the various caps on what you can claim what we are getting isn't very much, so i didn't want to leave any stone unturned! And I am pissed off with the company of course.

He has now found something else, luckily with only a couple weeks gap as his manager was the one that said the company was looking shaky and he was looking himself

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