Reduntant with 2 Months salary owing!!!!!!!!!!!!!

Reduntant with 2 Months salary owing!!!!!!!!!!!!!

Author
Discussion

GreenV8S

30,234 posts

285 months

Tuesday 6th February 2007
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I think you need to get specialist legal advice straight away. The difference between the company ceasing trading, and simply making you redundant, could be quite important. In either case you will be entitled to some other quite substantial payments as well as your back pay, such as payment in lieu of notice and redundancy pay. If they're still trading then you can claim what they owe you, and take them to court if they don't settle the debt. If they go bankrupt (on their own, or because of all the claims against them) then your claim transfers to the appointed receivers and you probably won't see much of it.

Edited to add: get a diary and record every letter, meeting, phone call and conversation related to this. later on it could turn out to be very important that you have an accurate timeline and know exactly who said what, when.

Edited by GreenV8S on Tuesday 6th February 21:03

jamesuk28

2,176 posts

254 months

Tuesday 6th February 2007
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Your covered under the DTI, just won a very similair case for a group of employees PM me for more info.

jamesuk28

2,176 posts

254 months

Tuesday 6th February 2007
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YHM Roger

timja

1,922 posts

210 months

Tuesday 6th February 2007
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This website should be of use to you:

www.insolvency.gov.uk/

Eric Mc

122,144 posts

266 months

Wednesday 7th February 2007
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Make sure you understand the exact legal position of the ciompany.

There are differences between "receivership", "administration" and "liquidation".

Also, a "part" of a company cannot be put into receivership, only the whole company. However, if the company is actually part of a Group of companies, than any one member of the group can be put into receivership.

sleepezy

1,818 posts

235 months

Wednesday 7th February 2007
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This sounds as though it is an LPA Receivership whereby the Bank has controlled the land assets under the terms of their charge document. As a result of losing control of the land the business does not have its development and therefore management subsequently made you redundant.

This explains how 'part of the comapany' can be put in 'receivership' although I should emphasise I'm only going from my reading of what you've said and tried to best fit the legislation.

jamesuk28

2,176 posts

254 months

Wednesday 7th February 2007
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roger482 said:
Eric

It seems that the bank have only called in the loans on most of the land owned by themselves. They have appointed a reciever for that, but according to the firm appointed they can only make decisions over the land the bank have instructed them on. They are also stating they have not and will not have any intrest over the rest of the company. To the best of my knowledge there are not any other seperate parts of the company.

If anyone has online access to Companies House I would pm you the details of the company. May shed a bit more light for those of you experinenced in these sorts of things.

Emailed you James


Hi Roger not received anything yet. There is something more to this IMHO. Somebody (not Roger) is not exactly doing things by the book, I smell a rat.

sleepezy

1,818 posts

235 months

Thursday 8th February 2007
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If your employing company is still trading then they should pay redundancy pay. My concern would be that they don't have the cash flow to do so and therefore are on the brink of failure as well.(I am still assuming it's an LPA Receivership over specific assets)