company went in administration and was sold, am I eligible for redudancy pay?
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company went in administration and was sold, am I eligible for redudancy pay?
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my partner has been working for the same company for over 11 years, the company was going throw a rough patch and we were waiting for the redudancy pay that would hopefully be a good amount, then the company went on administration and some old shareholders bought it.
tthe employees received a letter saying the company went on admistration and was bought by a diffrent company (reven thou everybody knew it was same shareholders) but I believe the suppliers lost all their money, the employees got told everything remains the same on work rights so we thought his time on the previous company would not be lost, but receiving his P60 we notice it says: "earnings in previous employement= " and "earning in this employment", this makes me think that since the new company bought it it was considered a diffrent job. Was he liable to receive redundancy money when the previous company went in administration? and if not, if the actual company goes into administration, would he get paid 12 years redudancy or not? thanks
Additional Details
we are in England btw so american laws won't be valid
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callumiain2000
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One of two things happened when the company went into administration and it's very important that you establish which.
Either the company was taken over free of obligation in which case your partner was made redundant and will qualify for redundancy pay (whether or not he got a job from the company which had taken over the old company) or the company which bought the new company from administration transferred your partners employment under the TUPE (transfer of employee) regulations in which case no redundancy pay is due but your partners entitlements for eleven years service have been protected and continue to accrue from the date of commencement of his first contract 11 years ago. I suspect the latter is the case and that you've got yourself worried about the P60. If that's the case then don't worry, the P60 would have to reflect that the tax due to Revenue and Customs was coming from the new company on the date of the transfer since they almost certainly got nothing when the previous company collapsed.
If neither of these conditions is true once you've read through his new contract then you should either talk to the HR of the new company, ACAS or both. |
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Kernow Lady
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If he is now employed by the new company he is not entitled to redundancy as he has a job. You only get this when your job has gone and you are unemployed. |
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