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Redundancy / Notice.

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karatant | 13:15 Mon 22nd Apr 2019 | Law
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Having worked for one person for the last thirteen years (me being the only employee), his business has "gone to the wall". I had a phone call from him saying not to bother coming in again, and that is the end of the story!!! Anyway, I'm over 60 and had no 12 weeks notice and no redundancy pay. I've seen a solicitor (free half hour) who was really helpful, so now it's ACAS, and employment tribunal etc., but my question is what happens if he refuses or says he cant or won't pay? Getting to know him as I have over the last years I fully expect that to be his stance. prevarication and delay. cheers in advance.

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you send in the bailiffs or sheriffs.

If the business has failed and ceased to exist you will not get redundancy pay from the company, but the tribunal can rule that you are entitled to it. Daft, but true. But you will be entitled then to state redundancy if a judge says you are entitled.

https://worksmart.org.uk/work-rights/losing-your-job/redundancy/how-my-redundancy-pay-calculated


You can apply to the Redundancy Payments Service.

https://www.gov.uk/your-rights-if-your-employer-is-insolvent
That is if your employer was a limited company. Not sure if not limited.
If he really does have no money, (as seems likely) then even if he is ordered to pay there is nothing ACAS can do ! , They can't make the cash appear out of thin air ! This happened to me years ago ! Empolyer went bankrupt owing me 3 months wages plus holiday pay ! In the end ACAS paid me out of some sort of compensation fund ! But I got less than 1/2 of what I was actually owed ! Plus it took months !!
The same thing happened to a close friend, worked for a small buiness that went bankrupt. He had support from the citizens advice bureau and through them, ended up on the list of creditors. The assets of the business were sold and shared out amongst all the other people owed money. Everyone received a small percentage and barely worth the effort. But out of principle, you must throw your hat into the ring for what you are owed. Employees come higher uo the list than suppliers, but behind the tax man I think.

^ Yes, the Taxman gets first bite of the cherry !! (as always !) Then come business debits , private individuals are at the end of the queue !
^Yes Wages are classed as Business debit . But they have higher priority than suppliers debits
In England and Wales, this is the order priority for creditors,

1 Fixed charge holders.

2 Liquidators' fees and expenses.

3 Preferred creditors.

4 Floating charge holders.

5 Unsecured creditors.

6 Interest incurred on all unsecured debts post-liquidation.

HMRC falls under the unsecured category so they are NOT at the front of the queue.

12 weeks is a really long notice outside of a reundancy situation - are u sure your notice is 12 weeks??
"The statutory redundancy notice periods are: at least one week's notice if employed between one month and 2 years. one week's notice for each year if employed between 2 and 12 years.12 weeks' notice if employed for 12 years or more."
but shes not being made redundant
Before High Court and bailiffs you need county court judgement, not difficult and you can do it yourself. You ex employer will surely have some assets e.g. house, car and house contents
Was it a limited company or sole trader?
What sort of business was it, and does it have any assets? Did you not see it coming, as you must have worked very closely with him?
Just thought Karatant will help you in court and not cost much if you send letter directly to your ex employer stating what you are planning, what you are owed, and if matter is not resolved what your course of action will be. Think its called letter of intent and should be headed as such. Nobody should or would like CCJ against them. It may just rattle his cage enough for him to resolve things with you. Send 3 copies one normal mail, one recorded and final one hand delivered so you know hes got it, belt and braces but again will help you in court.
I'm not sure what it is then bednobs if it's not redundancy.

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