Redundancy date query

[PH1967]

Hi all. I am hoping someone could help with my official redundancy date is and whether it is worth challenging the insolvency practitioner.

For context:
My start date was 06 May 2014
Company went into Administration on 02 May 2022 and the Insolvency Practitioner did not advise us that we were officially redundant until 14 May 2022. I believe they have a 2 week period to determine whether they wish to adopt contacts. We did not work in the period between 02 May and 14 May. The IP has told us we are redundant as at 02 May 2022 even though we werent told until 14th.

The reason i ask is that i will be able to claim additional redundancy and notice pay if the official redundancy date should be 14 May as in the eyes of the Redundancy Payments Office i will have another full years service.

Can anyone help me on this?

 

[IanSuth]

What exactly did the IP state/write on May 14th ?

 

[PH1967]

That they were not adopting contracts and no purchaser was found to save the company as a going concern

 

[Gavin Bates]

Normally the IP would issue a formal letter. What date did that state?

 

[IanSuth]

That they were not adopting contracts and no purchaser was found to save the company as a going concern

I meant regarding your roles, and the redundancy of your role

 

[PH1967]

the letter stated we were made redundant as at 02 May 2022 but it wasn't issued until 14th May. We were called on 14th May and the letter followed in the post.

When we arrived for work on 02 May we were told that they were looking at potentially getting a buyer and we weren't being made formally redundant until they had exhausted the search for a buyer.

 

[Gavin Bates]

I would suggest that because you weren't informed of your redundancy until the 14th then was the date.

 

[PH1967]

Thanks Gavin - is there any legislation or anything i can cite? Just would like to have something in black and white that they cant dispute.

 

[Gavin Bates]

Sorry no legislation just using the practical evidence.

 

[WaveJumper]

Maybe I am confused but if the letter stated you were made redundant on the 2nd regardless of what day your letter arrived surely if you have in writing its the 2nd its the 2nd or am I missing something?

 

[PH1967]

We were told on 2nd that we werent officially being made redundant until Administrators had tried to sell the business. So we heard nothing until we heard the sale was unsucessful on 14th. At which point administrators said we were made redundant as at 2nd.

I note our last day of work was 2nd.

 

[kulture]

It would be useful if you had any written communication stating on the 2nd that you were not yet being made redundant.

It would help if you had witnesses and if they made notes at the time.

Otherwise it is down to who is more believable. I can see advantages for a company going into administration keeping the staff for a few days in case the whole business can be sold . But to then go back and retrospectively make you redundant seems wrong.

 

[WaveJumper]

Are you hoping to get paid from the 2nd to 14th

 

[kulture]

Are you hoping to get paid from the 2nd to 14th

The OP clearly states his reasons on the first post. Not least is the fact that since the anniversary of the op’s start date is the 6th, an extra year of redundancy entitlement can be claimed if the date is to be 14th

 

[PH1967]

Thanks. Think the whole 14 day period where Administrators can make employees redundant but not ask them to work is a bit of a grey area and leaves employees in limbo.

 

[Newchodge]

Maybe I am confused but if the letter stated you were made redundant on the 2nd regardless of what day your letter arrived surely if you have in writing its the 2nd its the 2nd or am I missing something?

You cannot be dismissed from a job until you have been told you have been dismissed. You cannot tell someone on14 May that they were dismissed on2 May. Dismissal does not take effect until notice has been received.

 

[WaveJumper]

You cannot be dismissed from a job until you have been told you have been dismissed. You cannot tell someone on14 May that they were dismissed on2 May. Dismissal does not take effect until notice has been received.

Well thank you all for clearing that up, I get it now they were not told anything until the 14th May basically hanging around in limbo ..... perhaps I bet not sit out in the sun any longer.

 

[WaveJumper]

The OP clearly states his reasons on the first post. Not least is the fact that since the anniversary of the op’s start date is the 6th, an extra year of redundancy entitlement can be claimed if the date is to be 14th

Thank you for clearing that up for me

 

[Newchodge]

Well thank you all for clearing that up, I get it now they were not told anything until the 14th May basically hanging around in limbo ..... perhaps I bet not sit out in the sun any longer.

There is case law on this. Notice was sent to the employee's home address. They were away on holiday at the time and the courts deemed that notice had not been given until they had returned from holiday, 10 days later AND had had the chance to read the letter. Then there is the classic of only sending notice by signed for post. The employee, expecting to be sacked, does not answer the door to the postman, and does not go to the sorting office to collect the letter. 3 weeks later it gets rwturned to the employer and the employee has still not been dismissed. The latter only works when the employee is on suspension and the employer doesn't bother to keep regular contact.