Redundancy help

janye · #1 08-02-10, 03:54 PM

Hi all,

I have recently been made redundant from a Company I worked a substantially long time for, due to them going into Administration. However, I have since found out that only three employees were made redundant, the remainder of the staff are still there and the Company is still trading, albeit, I think being run by the Administrators. I was given no notice period and told to go home the same day as the redundancy happened, and that I would have to apply to the Government to collect my redundancy pay. How can the remaining staff still be employed (as I was, maybe naively, under the impression that in the case of an Administration, all staff were finished), and why do I have to apply to the Government to obtain my redundancy pay when salaries are still being paid to the remaining staff? Three of the staff that are left, have been with the Company less than two years, therefore, are not entitled to redundancy pay, surely it would have been more effective to make them redundant? There is a chance also that the Company will be bought out, so any remaining staff are likely to be employed by the purchasers of the business, surely this cannot be right?

Any advice anyone can give would be greatly appreciated.

Man thanks.

Janye

face2facehr · #2 10-02-10, 03:13 PM

It does sometimes happen that some staff may be kept on when a company is insolvent, working for the administrators. This is usually when there is a hope the company or some of it might be sold on or made viable in some way. Those employees who do stay on will have their employment transferred.

The fact that your colleagues hadn't been there as long as you isn't a valid reason that they should have been selected for redundancy instead, but if you feel the process they used for selection wasn't fair, you can appeal on that basis. Who is asked to stay on may depend on what job they are doing, what the administrators need and which parts (if any) of the business might become viable.

In terms of your redundancy pay, the administrators should give you a form to complete. Have a look at The Insolvency Service Website which tells you about how to claim. I think if I remember correctly you need to write to your employer claiming what you are entitled to and then claim from the National Insurance Fund if they can't or won't pay.