Hi. I came out of an IVA a few years ago thankfully, but am in a potential real sticky situation. Ive been made redundant at the end of January from a 2 man company(me and the boss) id been working for for 7 months which unexpectedly closed its business. It was written in my contract that any service over 3 months and it would be 1 months notice either way, if I were to leave or they were to let me go. Ive contacted my ex boss many times and he's being extremely cagey at first and now not returning my calls. I know Im obviously due January's money +1 months money as per my contract signed when i started, but what can I do to enforce this....I dont want to go down the lawyer route as we're only talking about a number under 5K, and whether no win no pay or the conventional way, they are far too much money. Its beginning to get quite stressful now as I have bills to pay. I have explained this too my ex-boss when he first gave me the news of the company closure and he assured me all was fine, but a week into February I am now having my doubts. Will be very greatful if you can shed light on this please.
Hi there and I'm sorry I don't have the answer but Julie who posts on here may well do as she is very up on employment law, so do stay around and I sincerely hope you get what is owing to you x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
Thats awful. When we had make our 2 members of staff redundant we made sure there was going to be money to pay them what was owed to them )even to the detriment of our own drawings - but I am getting used to egg and chips at the moment lol)
I think you are only protected by law for statutory redundancy once you have worked for a company for over 2 years but not 100% sure.
You definitely need to speak to a professional advisor to see what if anything can be done.
Good luck x
When I was younger I did what I knew - now I know better I do better!
You are entitled to receive monies owed to you for your wages and your one month's notice pay, but no redundancy. If your former employer does not pay, you will need to take this to an Industrial Tribunal which is fairly simple and you can do all of the paperwork yourself without a lawyer, and if your employer is formally insolvent the government have a fund which will pay you the money subject to certain monetory limits.
I suggest that you threaten the tribunal route, if he continues to be cagey.
Thank you all for replying and thank you particularly Melanie. It's been a while since Ive posted on here but as usual your input is always greatly appreciated.
I have a date with the employment tribunal for next month as my ex boss will not pay me now. I know if the ruling goes in my favour i will still be out of pocket as there is a statutory minimum which wont cover my claim for the month i worked and the month im due as per my notice period set out in my contract. Question is, after the outcome can I take my ex-boss to a small claims court on an individual rather than company basis? I know if the company is insolvent there is the aforementioned statutory limit which can be awarded, but he has acted in such a contemptible manner towards me I want to take this further. Thanks
