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HR buddies

The Covent Garden HR Buddies is an initiative facilitated by Clarkslegal to offer the London HR community the opportunity to meet with like-minded peers, attend relevant seminars and workshops and boost your knowhow of the issues specific to this sector.
 
It’s free and open to anyone interested in HR. It sets its own agenda, so it can be purely social or facilitate presentations to help prevent HR problems for companies in the London area. So if you want to network face to face contact
buddy@clarkslegal.comClick here for further details about our next HR Buddies event.  

If, alternatively, you wish to network online with other HR professionals, then using the discussion forum below, is your ideal opportunity to do so.

Please feel free to post new queries or questions, and/or reply to ones already posted. All you have to do is register a few details, then you will be ready to post your thoughts.

You can post a new query by selecting the tab "new thread". To reply to a post, select that post and then choose the "reply" tab.

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  Discussions  Buddy's question time  Unfair Dismissa...
 Unfair Dismissal
 
Sian0868
1 posts
Joined
3/17/2008

Unfair Dismissal
Posted: 17 Mar 08 1:25 PM Modified By creynolds  on 3/18/2008 11:39:51 AM)

This week buddy was asked:  Can I claim unfair dismissal if my employer has dismissed me, then a few weeks later gone bankrupt. Is anyone still responsible for the action taken against me?

creynolds
94 posts
Joined
12/12/2006

Re: Unfair Dismissal
Posted: 18 Mar 08 11:57 AM Modified By creynolds  on 3/18/2008 11:58:06 AM)

Buddy says:  Employees may be entitled to recover certain debts owed by insolvent employers from the Department for Business, Enterprise and Regulatory Reform (DBERR), via the Redundancy Payments Office (RPO).

The employee may obtain payment of certain debts, known as 'guaranteed debts' from the National Insurance Fund, via the Redundancy Payments Office (RPO) of the Secretary of State’s  Insolvency Service. This includes:

  • Unpaid wages: up to 8 weeks’ arrears of pay (current maximum £2,640).
  • Statutory notice pay: up to 12 weeks' pay (current maximum £3,960).
  • Holiday pay: up to 6 weeks taken or accrued within the last 12 months.
  • Basic award for unfair dismissal: (current maximum £9,900).
  • Statutory redundancy payment:  (current maximum £9,900).

Employer information:  Where the outstanding wages etc are more than the entitlement set out above, the debt to the employee goes back into the pot with the other unsecured creditors. In that case, any outstanding wages in respect of a period of four months or £800, whichever is less will be treated as a preferred debt.

Employees should fill in the RP1 claim form and send it to the RPO that will deal with the claim, unless the insolvency practitioner dealing with the employer's insolvency directs that it be sent directly to them. In that case they will record details of the claim as part of the insolvency and then pass the claim forms to the RPO.

After the RPO has paid the money owed, it will take over the employee’s rights in the insolvency proceedings in relation to those debts.  Employees should claim any additional sums not recovered from the RPO from the independent insolvency practitioner or Official Receiver who is handling the employer's insolvency. 

Advice should be sought to find out exactly what you are owed and if you do indeed have a potential unfair dismissal claim.
 

  Discussions  Buddy's question time  Unfair Dismissa...
 
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