Director redundancy

Discussion in 'Insolvency' started by Jacob albert, Mar 2, 2020.

  1. Jacob albert

    Jacob albert UKBF Contributor Free Member

    43 1
    Hi there, has anyone any experience of director redundancy. I have been paid via paye all through my career including the last years as director. I have been told claiming redundancy shouldn't be a problem although aparantly they don't like paying it to directors. I have had a look and it all seems straight forward apart from the RP3 director questionnaire which I've no idea as to the questions on it. I was told I'd be better getting a company to complete the form on my behalf as they are used to dealing with RPS but the fees seem excessive at around 15 percent of the award?
     
    Posted: Mar 2, 2020 By: Jacob albert Member since: Jul 9, 2019
    #1
  2. Gavin Bates

    Gavin Bates UKBF Enthusiast Free Member

    664 133
    Hi

    I would avoid using any third party firm to help you as it is not required. If you are a full time employee of the Company you are no different from any other employee and can claim. Yes, there is the additional form nut you will have already seen that they are trying to prove you were an employee like any other, hence questions like how hours did you work, do you get holiday pay etc.

    Regards

    Gavin
     
    Posted: Mar 2, 2020 By: Gavin Bates Member since: May 9, 2016
    #2
  3. Jacob albert

    Jacob albert UKBF Contributor Free Member

    43 1
    Thanks for that gavin. One thing I'm worried about is proving I'm an employee. Is it enough to have been paid through the paye system? As we tupe transfered with all the rest of the staff and we didn't have a written contract before and still do not. It's an old company and we've all been there 25 years plus and there never really has been any contracts for anyone
     
    Posted: Mar 3, 2020 By: Jacob albert Member since: Jul 9, 2019
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  4. Lisa Thomas

    Lisa Thomas UKBF Enthusiast Free Member

    3,486 436
    I have found agents useful for clients in the past where directors are struggling to satisfy the RPO, especially as they can retrospectively create contracts of employment etc.

    Speak to Caroline Thomas at UKELC on 01225 852 066

    The alternative is you try and submit the form yourself with the risk of rejection.
     
    Posted: Mar 3, 2020 By: Lisa Thomas Member since: Apr 20, 2015
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  5. Jacob albert

    Jacob albert UKBF Contributor Free Member

    43 1
    Thanks Lisa. Once the form is submitted is that the end of it? Can it be challenged or resubmitted? With regards to the contracts or lack of is it not enough to prove that I've been paid through paye? How would the agent draft a contract, surley backdating or retrospective drafting of contracts is frowned upon?
     
    Posted: Mar 3, 2020 By: Jacob albert Member since: Jul 9, 2019
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  6. Caroline Thomas

    Caroline Thomas UKBF Newcomer Free Member

    1 0
    Hi Jacob
    Just to clarify your comment on Lisa's suggestion, nothing is backdated. Care needs to taken where there are issues such as a previous transfer under TUPE. If you would to chat through your situation (no strings attached) please send me a private message.
     
    Posted: Mar 4, 2020 By: Caroline Thomas Member since: Mar 4, 2020
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  7. Lisa Thomas

    Lisa Thomas UKBF Enthusiast Free Member

    3,486 436
    I stand corrected! Thanks Caroline.
     
    Posted: Mar 5, 2020 By: Lisa Thomas Member since: Apr 20, 2015
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  8. Jacob albert

    Jacob albert UKBF Contributor Free Member

    43 1
    Hi all. Still undecided wether to use an agent. Potentially 2.5k in fees seems a lot for a few emails and or letters. That said 85 percent is better than nothing. It seems tupe throws a spanner in the works. Not sure why as I understand it wether your contract is written or implied your rights/service transfer. Also the proof of employment I can't prove as in the 25 years I've been working there I've not had a written contract. I have always been paid via paye and can prove via payslips. Decisions, decisions
     
    Posted: Mar 16, 2020 By: Jacob albert Member since: Jul 9, 2019
    #8
  9. Lisa Thomas

    Lisa Thomas UKBF Enthusiast Free Member

    3,486 436
    A middle option would be to submit the claim yourself and if it gets rejected then consider using an agent.

    As you say 85% of something is better than 100% of nothing.
     
    Posted: Mar 17, 2020 By: Lisa Thomas Member since: Apr 20, 2015
    #9