Redundancy claim issues?

Discussion in 'Insolvency' started by Plawn2005, Feb 2, 2018.

  1. Plawn2005

    Plawn2005 UKBF Newcomer Free Member

    4 0
    Hello,

    Quite a few years back the small company I worked for went in to liquidation( company a). At the time I was told that I would be transferred over to another company (company b) in the same building, owned by the same people and nothing would change. My job role and contract stayed the same etc. A few weeks after this happened I was called up to a directors office and was told that he could claim redundancy for me from the old company and that he would do everything and he would take half (paid to company b, not him personally). I was asked to sign a document but not allowed a copy of it I was also told not to speak to anyone at work about this. I assumed this was because people may have been upset about me getting some additional money so I didn’t think much of it. In all honesty I didn’t really understand it all.
    I was sorting through some of my old saved emails the other day and I found an email from the insolvency service. Am I right in thinking this is the liquidators that dealt with the original company and did they pay me?

    I was paid by them and then the next month my salary was docked half the amount of the redundancy.

    I’ve looked on companies house in to the old accounts and liquidators documents and it looks like they (company a) went out voluntarily and they put aside a sum for redundancy.

    Can anyone help me to understand:

    Was I made redundant or not?
    Who paid my redundancy money? Was it money from company a from the liquidators?
    Why was I paid redundancy money as I was given another job exactly the same?

    I feel unnerved by this as I completely forgot about it until I found the emails but I checked my national insurance contributions for that year and it’s lower than the other years. What does that mean? Why would that have happened? Do I owe that money now? I’m really confused and I’ve been googling for hours but I can’t find out any information close to the above.

    Can someone help please?

    Thank you

    Any
     
    Posted: Feb 2, 2018 By: Plawn2005 Member since: Feb 2, 2018
    #1
  2. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

    9,118 1,857
    It sounds like the director registered you to the IP as a employee being made redundant and therefore entitled to the government redundancy payment if the company funds don't have enough money

    Then instead of the IP sending you the forms to fill in it looks like the director filled them in and took half of what the government paid you highly illegal and theft

    May be wrong but that's what it looks like
     
    Posted: Feb 2, 2018 By: Chris Ashdown Member since: Dec 7, 2003
    #2
  3. Plawn2005

    Plawn2005 UKBF Newcomer Free Member

    4 0
    This was illegal? Have I broken the law or has my company or have we both broken the law? I’m really worried now. Do you think I should raise it with my company? It was over 5 years ago now. Shall I ask for the form I signed, I can’t remember what it said. Thank you Chris.
     
    Posted: Feb 2, 2018 By: Plawn2005 Member since: Feb 2, 2018
    #3
  4. LiveNetworks Ltd

    LiveNetworks Ltd UKBF Regular Free Member

    142 33
    I think it would be hard to claim you were in the wrong if you have been coerced by the director to sign a document in order to get redundancy. I'd wonder if your signature should have been on any documents in order to claim the redundancy? Has he forged your signature?

    The crux is he's taken money out of your salary that you were entitled to.

    I'd say, if you're not still working for him (don't put your job at risk!) demand it back. He's hardly in a position to defend his actions.
     
    Posted: Feb 2, 2018 By: LiveNetworks Ltd Member since: Jan 31, 2018
    #4
  5. Plawn2005

    Plawn2005 UKBF Newcomer Free Member

    4 0
    But I haven’t lost out on any money, I gained money which is why I’m worried.
    I’m so confused. As the company I work for now are two separate entities should I have been made redundant legally from the old one and started fresh in the new company (company b where I current am).

    The location is exactly the same and so is the job I just started getting paid by another company owned by the same person. I brought over all of my worked years from the old company with me.

    Am I even legally employed if I didn’t get made redundant from the last one?

    How Can I find out if my name was added to a redundancy list without being told? Is there records I can access anywhere.

    So if the government paid my redundancy and my company go bust tomorrow I won’t be entitled to my full service I will only get the years I have at this current company?

    This is a mess, what should I do going forward? I still work there I don’t want to report them and they end up having to shut down, people will lose their jobs?
     
    Posted: Feb 2, 2018 By: Plawn2005 Member since: Feb 2, 2018
    #5
  6. Newchodge

    Newchodge UKBF Big Shot Free Member

    8,817 2,241
    Either (i) you were made redundant from the old company and then started afresh with the new company. In which case you were entitled to the full redundancy payment and you are a victim of fraud.

    Or (ii) you were transferred from the old comapny to the new company under TUPE and were entitled to nothing, in which case the Insolvency service is a victim of fraud perpetrated by your boss.

    If you have a contract with company b it should state the start of your continuous period of service. If that date is the date you started with company b, then (i) above is correct. If the date is the date you started with company a then (ii) above is correct.

    Either way you should be very aware of the fact that you were (or still are) working for a criminal.
     
    Posted: Feb 2, 2018 By: Newchodge Member since: Nov 8, 2012
    #6
  7. Plawn2005

    Plawn2005 UKBF Newcomer Free Member

    4 0
    I don’t didn’t sign anything when I went from company a - b but we have a HR system where we book holiday etc and there’s it stats that I have 10 years setvice and my start date was that of me starting with company a.

    Is there anywhere I can get some legal advice on this that wont cost a fortune? I think I’m falling under the second option and I’m not liking that this could be fraud at this point. Even though we were told not to discuss it someone did aproach me shortly after at work and said they had had the same thing and they knew of a few other people who had been offered the same thing. I’m not sure how many but I think about 6 or 7. Shall I tell these people (the ones that are left) that I think it might be dodgy? Maybe we should club together and get some advice?

    I don’t really want to get my company in any trouble though, I’ve worked there many years and most of those years they have been a good place to work.
     
    Posted: Feb 2, 2018 By: Plawn2005 Member since: Feb 2, 2018
    #7
  8. Newchodge

    Newchodge UKBF Big Shot Free Member

    8,817 2,241
    Then just forget about it.
     
    Posted: Feb 2, 2018 By: Newchodge Member since: Nov 8, 2012
    #8