What would be my legal rights?

[bts]

Hi There

I have been unfairly dismissed from a company on April 2005 and applied to Employment tribunal. During this process continue I learned that company has been applied to IVA. Employment tribunal decided me the payment of 2369.15 on 2nd April 2007 as the compensation for breach of contract, holiday pay, compensation for unauthorised deduction from wages, a just equitable increase granted by the employment tribunals. Since then I am trying to get that money by contacting the insolvency practioner but he is trying to delay the things. What should I do? What would be my legal rights? And how can I sue or complaint about an insolvency practioner?
Thanks

[jpj]

HI BTS,welcome to the forum
It sounds like your claim may have been agreed AFTER the company set up their IVA? , so you might not necessarily have been included in the IVA(were you listed as a creditor?). The IP might be trying to tack your claim on to the IVA as a post IVA claim. If you are not included in the IVA you are allowed to chase the company for the money still (I think)

I would suggest instead of threatening to sue IPs etc (which would cost many thousands anyway) it might be worth putting your debt in the hands of a debt collecting firm IF you are not down as a creditor in the companies IVA. If you are part of the IVA, you need to see what P in the £ creditors are being paid,but dont expect to get too much back,and be prepared to wait... possibly years!

[MelanieGiles]

Your claim for unpaid wages and benefits will be administered by the Department of Work and Pensions under the National Insurance Fund. Your employer's IP should have provided you with Form RP1 to enable you to submit your claim against the employer, and the DWP will then pay you (subject to some monetary limits) and then become the creditor instead.

So sorry to contradict jpj, but you will get your claim paid and relatively easily. Your employer and the IP should be providing you with more assistance with this, and if they do not send you the form over the next couple of days e-mail me at the office and I will send you one with an explanatory booklet detailing how to submit the claim.

I have attached a link which you might find helpful, and I think that the form is also downloadable from this site.

http://www.insolvency.gov.uk/guidancele ... forips.htm

Let us know how you get on.

[bts]

First of all I would like to thank for your kind and informative reply to my query.

I can say that, Immediate after I received your reply I obtained the forms and sent to insolvency service for redundancy.
Surprisingly I received the below letter from them and shocked.

` I regret to tell you that this office`s assessment is that you are not entitled to receive from us any of the above payments following your recent application. The reason is because we believe that your employer is not insolvent as described in sections 166 and/or 183 of the Employments right act 1996. You may wih to consider applying to a court for an order making your employer formally insolvent, so as to satisfy that meaning. If you know any other employees, or creditors of the employer, you may wish to make a joint application,which will help to spread the cost.......`

I really dont know what to do at this stage even I don`t understand what exactly they meant because of its technical terminalogy.
Your and forum`s help would be very much appreciated.

Thanks
Saba ASLAM

Your claim for unpaid wages and benefits will be administered by the Department of Work and Pensions under the National Insurance Fund. Your employer's IP should have provided you with Form RP1 to enable you to submit your claim against the employer, and the DWP will then pay you (subject to some monetary limits) and then become the creditor instead.

So sorry to contradict jpj, but you will get your claim paid and relatively easily. Your employer and the IP should be providing you with more assistance with this, and if they do not send you the form over the next couple of days e-mail me at the office and I will send you one with an explanatory booklet detailing how to submit the claim.

I have attached a link which you might find helpful, and I think that the form is also downloadable from this site.

http://www.insolvency.gov.uk/guidancele ... forips.htm

Let us know how you get on.

[MelanieGiles]

So has your employer actually entered into an IVA? The above post would seem to suggest that they have not. They have to be formally insolvent for a claim to be successful, and you can check this out easily by doing a search on the Insolvency Services' website.

[bts]

Hi Mrs Melanie Giles
Thanks for your prompt reply.
I made the search through insolvency services website and found below information.
What should I do now?


Surname KARGIN
Forename(s) MENEVSE
Title Dr
Occupation
Date of Birth (Information Not Available)
Last Known Address 97 GREEN LANES
LONDON
N16 9BX



Insolvency Case Details
Case Name KARGIN, MENEVSE
Court High Court Of Justice

Type Individual Voluntary Arrangement
Number 0103519
Arrangement Date 19 September 2005
Status Current

Insolvency Practitioner Contact Details
Main Insolvency Practitioner JONATHAN HARRIS SINCLAIR
Firm SINCLAIR HARRIS
Address 46 Vivian Avenue
Hendon Central
London
Inner London

Post Code NW4 3XP

Telephone 020 8203 4333


Insolvency Service Contact Details
Insolvency Service Office IPU
Contact Enquiry Desk
Address Ladywood House
45/6 Stephenson Street
Birmingham

Post Code B2 4UZ - Click Post Code for Map of Office
(The Insolvency Service is not responsible for the content of external sites.)
Telephone 0121 698 4102

[MelanieGiles]

So your employer seems to have been in an IVA for nearly three years, but you have only recently made your claim? Is this correct? If so this may well affect your claim status, as claims do have to be submitted within 6 months of your leaving date. Why has it taken so long to pursue this matter as you will need to follow this up via an Industrial Tribunal.

[bts]

Mrs Melanie Giles

Thanks once again for your kind reply. I must say that the claim was presented to the Employment Tribunal on 12 July 2005 and the case management discussion held on 01 september 2006 where the decision was given on 10 th May 2007 as;

1-That the claimant is entitled to damages for breach of contract amounting to 180.00
2-That unauthorised dedutions have been made from the Claimant's wages in the sum of 540.89
3-That the claimant is entitled to holiday pay amounting to 240.00
4-That the respondent failed to provide the claimant itemised pay slips
5-That theclaimant's compensation for breach of contract, holiday pay and unauthorised dedutions fromwages should be increased by 30% by virtue of section 31(3) of the employment act 2002. The total awards to be made are therefore as follows;
-Breach of contract 234.00
-Holiday pay 312.00
-Unauthorised deductions from wages 703.15
Total: 2369.15
6- The total compensation and damages payable by the Respondent to theclaimant is 2,369.15 and the respondent is ordered to pay that sum to the claimant, subject to the terms of her voluntary Arrangement with her creditors.

What should I do now?

Mrs Saba ASLAM

[MelanieGiles]

I called the redundancy payments office today in Birmingham on a no-names basis and they confirmed that you have a valid claim which ought to be paid out of the National Insurance Fund. It does seem to have taken the Tribunal a long time to deal with your claim, which is not helping but I am sure it will be paid if you try again.

Do let us know the outcome of this matter.