Been in hospital, made redundant whilst just started mat leave and need help!!!

[Nooster]

Right, I need major help and I know this is the place to be,.

I finished work on Monday, the rest of this week was holiday and my official maternity leave starts today. On weds I started with pre eclampisia and have been in hospital since then but let out today as everything has settled down.

I have heard by text from work colleaguies that the company I worked for has gone into liquidation and that I would be getting a letter. no such letter has appeared yet - maybe because they know I am in hospital.

They have my matb1 form with my letter fomr 20 weeks or so so i hold out little or no chance of getting that back.

Here are my questions, I am now 37 weeks pregnant and i did get paid a very good wage but obviously now have no income at all.

Do I get another MatB1 from my midwife and now try and claim maternity allowance? How do i go about this?

Do I contact the inland revenue about child tax credits now? At present I get nothing as they overpaid me by their mistake over two years ago? I have a 4 year old child who is at school. I think i was only getting £10.00 a month or something anyway as it did stand

If i am then liable for child tax credit, do i get the surestart grant too?

Obvioulsy I am owed wages from my employer form since 1 november but I dont know whether I will get these at all with no letter- I have been made redundant before so know I have to try and claim this back form the government if not -does anyone know the agency to go to who will help?

I think thats it - please help!

Nicki

Hi, have they definately gone into liquidation? What does the letter say? (ie the one that your colleagues have receieved)

Child tax credit is finincal year - so it depends how much you have earnt already?

The maternity allowance you need to go to your job centre - well I did anyway. Ask your midwife...

Hope it turns out you get something.

hi, i'm not an expert, but i had similar worries as i worked for a small business who was threatening that she would go bust if i didn't come back off mat leave.

i rang ACAS for advice, and they told me that even if she did go into liquidation, the business still had a legal obligation to pay me my maternity pay.

I would have thought that even if it's not possible to get this from your ex employer, the government should still pay you - doesn't mat pay come out of tax / NI contributions ? if you were employed at all the right times, then it's hardly your fault the employer has gone bust.

Also, the mat leave pay is government statutory pay, it's just paid via your employer - i think. You should also be entilted to redundancy pay (depending on how long you've been with them - i think it's 1 week per year)

am sure someone will be along with advice before long, just hoped i could reassure you a little bit. Otherwise, ring ACAS first thing.

Nooster have a look at this guide written for employees about redundancy and insolvency, it may help - it's a bit long so I haven't read it I'm afraid, but I'm sure it's very good.

I'm sure you know that in this situation creditors (including employees) are 'ranked' in terms of who gets money first - details of where employees come in the ranking may well be in the guide I've linked to, sorry don't have time to check for you specifically, I'm in a bit of a rush.

Depending on the size of the company, the liquidators will probably come from a firm of accountants, and will probably be working in the office. In the letter you should have had it should tell you who to contact but as you haven't had one, ring the switchboard and ask to speak to one of them - liquidators usually just come in and take over everything so you should be able to speak to someone and ask for assistance about things like your MATB1, chances of getting money, getting a copy of the letter sent round, etc

Don't know about tax credits, try here for some information and here about Maternity Allowance.

So sorry you are going through this, last thing you need at the moment. As I say, I'm rushing so can't do you a detailed answer, but have a look at the links, do ring and try and speak to one of the liquidators and come back here for more help, or questions you may have, I will have more time during the week.

Hi,

I don't know what happening, no-one is answering me!

The midwife has been round and told me I should getMATB1 form back from the employer, they can give me one if needs be vut would rather not.

I am onto the job centre and trying to print off the maternity allowance claim form,I've also got the redundancy payments claim form.

ACAS told me I jhave to claim all from the govt.

Midwife has told me the employer is still liable to p[ay me all. I shall ring the CAB and see what they say.

I shall wait for the letter from my employer before i fill these in and hope it arrives tomorrow. I have emailed them and asked them to send me it ASAP.

There are two companies in one office you see and one had gone bust. The other still exists.

Oh its such a pain, luckily today bp and protein are fine!!!

Nicki

Hopefully when you get the letter it will explain what is happening and give you details of who to contact, there should be someone allocated for employees with queries, there are bound to be plenty.

The employer is technically liable for your maternity/redundancy pay, but if there isn't enough money to go round everyone who is owed, you are unlikely to get all of it out of them, so as far as I understand it, you may get some from them at some point when everything is sorted out but basically you need to see about maternity allowance in the meantime I'd say.

I'm not an expert in this area though, hasten to add, have fortunately never been involved in a liquidation situation. I'm sure the CAB will be able to help you, and I would keep trying to contact the liquidators as well - do any of your colleagues who have received letters have details for you of what was in the letter and who you can contact/how?

Glad your bp and protein are ok, do look after yourself as much as possible.

Thanks flowerybeanbag, I can't get through to the CAB and cant really visit them in my present state either!!

I'm so impatient I just want my letter and my old employer is not answering my two emails. They are so tight they will probably send the letter by 2nd class post -arrrghhh.

What do i do if I never hear from them? They seriously are the sort to bury their heads in the sand and ignore employment law!

nicki

Have you tried ringing and seeing who answers the phone? If your company are in liquidation it may be mostly the accountants there and they won't be answering people's emails. You should be able to speak to someone.

Has anyone else had a letter you can see/find out the details of? It's only been a few days, so I wouldn't panic yet about not having received your letter or knowing more.

Keep trying to contact someone, and as I say, I'd ring rather than emailing someone who may well not be there. Someone from the accountants doing the liquidation is who you need to speak to about what will happen to your maternity pay.

If they are in liquidation the fact that they owe you maternity pay under employment law will be only one of probably many amounts of money they owe to all sorts of people, including other employees. So your problem probably won't be them saying they don't owe you it, it's more likely to be actually getting much of it or getting it quickly, along with everyone else they owe money to.

I would concentrate in the meantime on finding out what benefits you are entitled to, trying to speak to someone from the firm who is doing the liquidation to find out the chances of getting your MATB1 back and getting a letter sent you, and then claiming maternity allowance. If you do get all/some of the money you are owed it may take quite a while in these circumstances, and you (presumably) need money to live on more immediately, so claim whatever benefits you can in the meantime at least.

If you can name your employer here there are websites that can be searched to find out who the Insolvency Practioner is. They will then be able to send you the yellow form (RP1 I think it is called) which you will use to claim from the Gov't

Hi,

I've got the yellow form all ready downloaded. Ready to go!

I haven't received the letter today, if its not here by tomorrows post I shall call and speak to someone. I know they'll have sent it 2nd class, I also may have to go in which is outrageous considering am supposed to be resting at home.

The existing accountant and his asst are still there as far as I know, as is the boss who owns everything who works in a company around the corner - i have copied him on all emails.. It is just one company that is being shut down and I dont know how that is happening as another one still exists in the same building.

The Accountant is the most unco-operative man you are ever likely to meet, who refused to answer how I was going to get paid whilst on mat leave on my last day last week.

Nicki

Hi nooster good to hear you are all ready with your form which carbonel who is clearly the expert mentioned. There's me calling them liquidators when they are Involvency Practitioners

See if you get the letter tomorrow and do phone if not and get some answers.

SOunds like they are not a hugely cooperative bunch however can I just say the accountant would have known this liquidation was imminent and would therefore have probably been unable to tell you how you would get paid as he would have known that anyone getting paid in the short term was going to be problematic to say the least. So he was probably uncooperative because he knew he couldn't give you an answer but also was not in a position to tell you the truth.
I'm sure you're right about him being an uncooperative person generally but this time cutting him a weeny bit of slack might not be a bad thing, he will have an awful lot on his plate and lots of people after money from various places.

Hope you get the letter tomorrow anyway and look after yourself in the meantime.

TBH if the existing accountant is still involved then it sounds to me that the company is not yet in liquidation but is in the hiatus period whilst it calls a meeting of creditors to put the compnay into liquidation. If that is th case you may hve to wait for another two weeks or so until the Government will even start to process your form and then it will take several weeks to get any money. You should contact the DSS to claim whatever allowances you are due now ratehr than waiting (altho you will need a letter )

PS flowerybeanbag, Liquidator is the correct term, only Insolvency Pratitioners can be liquidators, receivers etc. I tend to use the generic term because most people mix up liquidators, administrators, recievers etc!

Nooster if you want to email me I will see what i can find out for you [email protected]

Oh cool, I am not as clueless as I thought .

Although having said that I would also probably confuse administrators, receivers and liquidators... At least I now know that a liquidator is called a liquidator!

OOOOOOOooooooooooo Carbonel, I shall email you with the company name as I have until at least lunchtime until my post arrives and I doubt very much letter will be there!

Flowery, I confuse receivers, liquidators and administrators and this is the 4th time ive been made redundant!!! Bloody rag trade. I am woozy on these tablets and not running on all cylinders -if I have to go there i wont be happy!

Nicki (37 +4 weeks pregmnant - aaaaaargh!)

Letter wasn't there so went into work to collect it. Got MATB1 form back and got an SMP1 form signed by them saying they couldnt may me SMP due to redundancy.

Company is not in liquidation as yet although all employees of it in Leicester are no more, there are two different "trading as" offices in London that have orders to ocmplete until February.

Have filled in maternity allowance form and am going to send it off.

Nicki

Nooster that's good that you've got your documents and some more information.

Just to say though, redundancy doesn't affect your entitlement to SMP. The SMP1 form is quite specific, the employer has to tick a box saying why you are not entitled to SMP, reasons like you haven't been employed long enough, didn't give them enough notice, are in legal custody (), things like that. Unless there is another reason which they have indicated on the form, they are still liable for maternity pay. Of course you may still struggle to get it for the reasons discussed earlier, but redundancy is not a reason you are not entitled.

I have never filled in one but that's my understanding and from the one I found there isn't any option other than the ticky boxes.Is your form like this?

Sorry it took a while to come back to you ? I cannot pick up my home emails from work as those sites are blocked!

I have checked out the position ? cannot find any record of any formal insolvency which confirms what you have said.

Problem is, if there is no formal insolvency you will not be able to claim from the redundancy payments office (RPO) for redundancy (if you are due it), notice pay and outstanding wages.

You may need to go to an Employment Tribunal to get an award for your pay in which case the RPO will pay ? see these links.

I realise it is tricky at 37 weeks pg but there are strict deadlines if you do need to do this ? I suggest you ring the RPO helpline number (on the link below) and see what they say

Good luck

www.insolvency.gov.uk/redundancyandinsolvency/whatcanido.htm

www.direct.g ov.uk/en/Employment/Employees/Pay/DG_10027228

Hi,

They are going to pay me and give me my P45 at the end of the month for the first two weeks which I worked, plus a weeks notice pay (I've been there 18 months) my outstanding holiday is already taken as I took it all before leaving for maternity leave. This will be by cheque which I have said I will collect on the 29th, (Or dp will if I've given birth). i now don't have to claim anytihng back -if they do as promised of course.

I have got them to write on the signed SMP1 form; "cant pay due to redundancy" and dropped that off with my wage slips, the MA1 and the MATB1 all into the job centre today (I hate those places). I realise they are still supposed to be liable to pay my SMP but when they have no funds how can they? Of course if my claim for MA comes back with nothing then I'll have to retry getting it from my employer. I'll see what happens with the job centre claim.

What I need to know now is, Can i claim income based JSA or will I have to wait until after my 9 months mat leave and MA to claim this? without this I won't be able to get the surestart grant will i? aaaaaaaaaaaaaaaargh. It didnt matter before but with this ma I wont get my 6 weeks at 90% will I? Which I was sort of counting on.

I think I have earnt too much in this tax year to get anything more than the child element only of tax credit.
and because dp works as well we have always been over the threshold to get any benefits of any sort.

I know someone will be able to help me again. This is all so appreciated.

Nicki (hopeful the job centre moves fast!)

nooster, not sure I have the answer to your latest question, but just read your posts and wanted to say how sorry I am that you are having to deal with all of this, and pregnancy, and pre-eclampsia as well.

I would have thought that as you are only legally required to stay off work for two weeks, then you could claim JSA from that point, however, you have to be actively looking for work to claim it, which you might not actually be if you are having some time off with the baby. Saying that I claimed it after I had my DS (I moved to another town and gave up my job at the end of my maternity leave) and the person dealing with my case was very sympathetic to my plight.

I got the sure start grant as well, but I was a single parent at the time, so that might have made the difference.

Good Luck with it all and for the imminent arrival of your LO

Glad things are moving a bit, I'm sorry but I don't know anything about JSA, sure start grants or tax credits I'm afraid.

Oh and my concern about the SMP1 is that if someone is looking at it with regard to a claim you are making, writing on it that they can't pay you because of redundancy isn't a valid reason. The reason they can't pay you is because they are going into liquidation and do not have any funds available. I don't know how that works, but I was just concerned that some person looking at your form in the job centre might just send it back and say that redundancy isn't a reason and you should go back to your employer.

I'm sure you've explained though and they will be able to advise you whether there is any different procedure for claiming MA in your circumstances.

I know - I half expect to get the claim sent back as is my luck! At least I've put it in and will see what happens.

If it does get rejected and my former employee also refuses to pay, what do i do then? I can't have no money coming in at all!

Nicki

I'm not sure, I would guess the yellow form about claiming money owed is the way to go? If that's not the case, a tribunal claim for unpaid wages would have to be it. If the company isn't actually in liquidation at the moment, I'm not sure of the rules, but it may be that you can't use the yellow form and need to go to a tribunal - I think Carbonel mentioned this earlier.

Bringing a tribunal claim is obviously not ideal but actually doing it for unpaid wages like this, where it's clear cut and the details are black and white facts is a lot easier than a complicated dismissal/discrimination/whatever case, so it might not be as awful as it sounds.

Can't remember if anyone has linked this earlier in the thread, might be useful about entitlements if your employer is formally declared insolvent, but see very user-friendly employment tribunals website, as you would have to bring a tribunal claim if your employer is not actually in liquidation or declared insolvent or anything. Sounds as though it probably will be if it isn't yet though.

Ive rang a few people,the job centre and inland revenue and I've found out my claim may go through, but it may not, and if it doesn't i have to ask my old employer again for smp,if they refuse i contact revenue and customs who provide me with documents to fill in and then they try and claim back the smp from the employer. They've told me to make myt employer aware of what is happening.

I've written the following email. do you think I need to send it in letter form or will the email do? Do you think it's ok?

------------

Dear employers

Sorry to be in contact about this again.

Just to let you know the job centre have been in touch as there may be a problem with my claim for maternity allowance as redundancy is not a valid reason for you not to pay me SMP for 39 weeks, you are still liable.

It may still go through but i have been made aware that there may be a rejection of it and all my claim forms will be returned back to me leaving me in limbo.

You are still supposed to be liable as I have been employed during the valid period.

I will keep you informed about what happens. If my claim for materntiy allowance is rejected I have to come back to you and request SMP and if this is not possible revenue & customs will be involved as I then have to complete documents from them.

I will (or my partner) still be in to collect the outstanding pay cheque at the end of the month.

Kind Regards, Nicki

I've also attached dti doc

Entitlements on redundancy during maternity leave

If an employee on ordinary or additional maternity leave is made redundant, her maternity leave period comes to an end. She is entitled to receive from her employer a written statement of the reasons for her dismissal, regardless of whether or not she has requested one, and regardless of her length of service. If her employer fails to provide a statement, or provides one that she considers to be inadequate or untrue, she may make a complaint to an employment tribunal, having first followed the Statutory Dispute Resolution Procedures (see Acas Code of Practice on dispute resolution). The employee should also receive her normal notice entitlement, or pay in lieu of notice (further DTI guidance available).
The employee may also be entitled to a redundancy payment.
The employee will still be entitled to Statutory Maternity Pay of up to 39 weeks once she has qualified for it.

I would send it recoreded delivery and email it tbh - just to be sure - sounds like they are in a bit of a mess at the moment and you don't want it to get missed...