Director redundancy

[Jacob albert]

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?

 

[Gavin Bates]

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

 

[Jacob albert]

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

 

[Lisa Thomas]

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.

 

[Jacob albert]

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?

 

[Caroline Thomas]

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.

 

[Lisa Thomas]

I stand corrected! Thanks Caroline.

 

[Jacob albert]

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

 

[Lisa Thomas]

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.