Judges Ruling At Tribunal

[Aicha]

Both myself and my husband worked for a company who went Voluntary Insolvent.

We received no notice, no final months pay and no holiday pay.

 

The Tribunal ruled in our favor. The judge ruled i was to receive 2,500 and hubby just under 2,000. We have received a small amount each for no notice ie i received 430 my husband only 187 yet he was still entitled to a weeks notice.This was from the Government. We had a horrendous time getting them to pay and the Liquidator helped me a great deal. Now we are waiting for our Holiday pay and again they are coming up with all different excuses and dragging their heels. We will receive some Holiday Pay( as we have been informed by the Official Receiver who has been in touch with them that we are entitled to it) eventually but its a nightmare trying to get anything from them.

 

I guess we can forget about the final month we worked for nothing.

 

What was the point of going to a Tribunal? It has wasted our time and the Judges time because as they are Voluntary Insolvent they have no money. Am i right in thinking we will never receive the amount the Judge states we are entitled to?

[steampowered]

Unfortunately, if more people are owed money than there is money available then not everybody is going to get paid in full. You generally cannot go after the directors unless there has been some sort of illegal activity or fraud.

 

If the company is in liquidation it is no longer in the control of the directors. All claims have to be managed by the liquidator. I assume you filed your claim with the liquidator? If so, you might get a proportion of the money owed if there is any money left after secured creditors have been paid.

 

Has the liquidator told you whether he expects you will get anything?You say the liquidator helped you and you received a payment from the government. Presumably this was Statutory Redundancy Pay? Did you file a form RP1 with the liquidator?

[becky2585]

You can also use form RP1 to claim the tribunal judgment if its a relevant judgment and you do it within six months.

 

I've done this successfully in the past, but the company must be insolvent. You need to send a copy of the judgment with the RP1 and see how much the government are prepared to pay - there's an 8 week pay cap I believe.

[Pusillanimous]

[Edited]

 

 

I have withrawn the comment as I am not sure I remembered the facts correctly.

Edited February 5, 2013 by Pusillanimous
Question mark

[Aicha]

I have done the RP1 but it hasnt helped. Liquidator has informed me the company have no money and the only way i could have received the full amount the tribunal ruled is if the company was still operating. so looks like i will just need to put it down to experience.

[Aicha]

Just wanted to add in respect of the RP1 the Liquidator had told us to send this off with the tribunal letter for him to forward to the "Government".

[becky2585]

Did you submit two RP1s or just the original?

[Aicha]

Did you submit two RP1s or just the original?

 

Just original but spoke to Liquidator who informed me we couldnt get everything we are owed as the company have no money

[becky2585]

The liquidation of the company is a separate process to what you can claim through the Government.

 

I would suggest that you get another RP1 from your local Redundancy Payments Office and then submit this with a copy of the Employment Tribunal Judgment appended to it. You will get little, if anything, out of the liquidation as despite having a CCJ, you will be an unsecured creditor and the bottom of the list.

 

The RPO on the other hand may be able to meet the Judgment.

[Aicha]

The liquidation of the company is a separate process to what you can claim through the Government.

 

I would suggest that you get another RP1 from your local Redundancy Payments Office and then submit this with a copy of the Employment Tribunal Judgment appended to it. You will get little, if anything, out of the liquidation as despite having a CCJ, you will be an unsecured creditor and the bottom of the list.

 

The RPO on the other hand may be able to meet the Judgment.

 

I have already done this but to no avail but thanks anyway