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    hi does anybody know if a company goes into administration can i still claim from the company, reason i ask is i have been told i will lose my job on 18/12/12 but i have to claim notice and redundancy from the goverment would i be able to make a claim against my employer and be a claiment to the assets of the company rather than going to the goverment
    thanks carol01
    Last edited by carol01; 24 November 2012, 21:49.
    ALWAYS SMILE NO MATTER HOW BROKEN YOU ARE

  • #2
    Re: administration

    sorry to hear that

    sounds like the company have no assets to claim.

    have they given you any paperwork?

    Comment


    • #3
      Re: administration

      Originally posted by carol01 View Post
      hi does anybody know if a company goes into administration can i still claim from the company, reason i ask is i have been told i will lose my job on 18/12/12 but i have to claim notice and redundancy from the goverment would i be able to make a claim against my employer and be a claiment to the assets of the company rather than going to the goverment
      thanks carol01
      You should claim the statutory notice period, holidays and redundancy from the government ( the Administrators should provide you with the forfms before you leave)

      You will need to then make a claim for any shortfall from the company you work for, through the administrators, as a preferred creditor.

      For arguments sake, if you earn £500 per week and are entitled to 4 weeks notice, the government willl only give you a maximum of£430 for each year that you have been working there.

      Who are the liquidators?
      Last edited by vint1954; 24 November 2012, 21:58.

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      • #4
        Re: administration

        Originally posted by MrsD View Post
        sorry to hear that

        sounds like the company have no assets to claim.

        have they given you any paperwork?
        no not yet i work for comet which went into administration on 01/11/12 we have been told today our store will close 18/12/12 but this is still not our notice.
        they are treating each store as individual stores only giving 30 days notice, well in most cases 5 days eg told on sat they close on tuesday. i see that the administrator that has hold of our company was also the one that was taken to court for woolworths as they only paid 30 days notice when it should have been 90days due to the fact that the whole comet group is going which in total is 6500 staff same as woolworths
        any advise would be gratefully recieved carol01
        ALWAYS SMILE NO MATTER HOW BROKEN YOU ARE

        Comment


        • #5
          Re: administration

          Originally posted by vint1954 View Post
          You should claim the statutory notice period, holidays and redundancy from the government ( the Administrators should provide you with the forfms before you leave)

          You will need to then make a claim for any shortfall from the company you work for, through the administrators, as a preferred creditor.

          For arguments sake, if you earn £500 per week and are entitled to 4 weeks notice, the government willl only give you a maximum of£430 for each year that you have been working there.

          Who are the liquidators?
          deloitte are the administrators
          Last edited by carol01; 24 November 2012, 22:16. Reason: bad spelling
          ALWAYS SMILE NO MATTER HOW BROKEN YOU ARE

          Comment


          • #6
            Re: administration

            Originally posted by MrsD View Post
            sorry to hear that

            sounds like the company have no assets to claim.

            have they given you any paperwork?
            no not yet but opcapita the people that had comet and put them into administration are to walk away with at least 12 million pocket money from putting us into administration i would rather take their money then take away from the goverment
            ALWAYS SMILE NO MATTER HOW BROKEN YOU ARE

            Comment


            • #7
              Re: administration

              Originally posted by carol01 View Post
              no not yet i work for comet which went into administration on 01/11/12 we have been told today our store will close 18/12/12 but this is still not our notice.
              they are treating each store as individual stores only giving 30 days notice, well in most cases 5 days eg told on sat they close on tuesday. i see that the administrator that has hold of our company was also the one that was taken to court for woolworths as they only paid 30 days notice when it should have been 90days due to the fact that the whole comet group is going which in total is 6500 staff same as woolworths
              any advise would be gratefully recieved carol01
              This will be Deloitte then.

              Just had them in Employment Tribunal.

              Look out the recent Woolworths appeal against Deloitte. Even though they were working in some cases in stores with less than 30, they were recently awarded the full Protective award.

              They know that they must give you 90 days consultation. This period is before any redundancy.

              After you have been made redundent, you will need to issue an ET1 form to claim your protective award. Although entitled to 90 days the government will only pay 60 days max, again to a maximum of £430 per week.

              Make sure you get your claim in against comet for the prefferential part of your lost wages. They won't tell you that you can do this.

              Watch them like a hawk and question and check everything they say.

              Once you have been made redundent, post back and I will go through the ET1 wording with you.

              Keep posting here though, when they give you information.

              They were fairly easy to beat.

              Also watch out for them selling the shop or business as this could involve TUPE

              Comment


              • #8
                Re: administration

                Originally posted by carol01 View Post
                no not yet but opcapita the people that had comet and put them into administration are to walk away with at least 12 million pocket money from putting us into administration i would rather take their money then take away from the goverment
                Unless that debt is securred, they get in the queue with everyone else.

                Employees com first after securred creditors, then the likes of the taxman

                Comment


                • #9
                  Re: administration

                  thank you Vint, when it comes to employment law, you are the man!!!

                  Me??

                  I just want to kick em all in the nuts

                  Comment


                  • #10
                    Re: administration

                    Originally posted by MrsD View Post
                    thank you Vint, when it comes to employment law, you are the man!!!

                    Me??

                    I just want to kick em all in the nuts
                    Indeed MrsD, they can behave shockingly.

                    You wouldn't beleive it from such a huge company involved in Administration.

                    Comment


                    • #11
                      Re: administration

                      Originally posted by vint1954 View Post
                      This will be Deloitte then.

                      Just had them in Employment Tribunal.

                      Look out the recent Woolworths appeal against Deloitte. Even though they were working in some cases in stores with less than 30, they were recently awarded the full Protective award.

                      They know that they must give you 90 days consultation. This period is before any redundancy.

                      After you have been made redundent, you will need to issue an ET1 form to claim your protective award. Although entitled to 90 days the government will only pay 60 days max, again to a maximum of £430 per week.

                      Make sure you get your claim in against comet for the prefferential part of your lost wages. They won't tell you that you can do this.

                      Watch them like a hawk and question and check everything they say.

                      Once you have been made redundent, post back and I will go through the ET1 wording with you.

                      Keep posting here though, when they give you information.

                      They were fairly easy to beat.

                      Also watch out for them selling the shop or business as this could involve TUPE
                      thanks vint nobody in work knows what to do as we are all between 8-25 years serving members and never been made redundant the 30 days didn't seem right to me and then looking at past history and what woolworths went through needed to ask the question seems as i have been nominated as consultaion rep for our store any information recieved is gratefully accepted and thanks in advance x
                      ALWAYS SMILE NO MATTER HOW BROKEN YOU ARE

                      Comment


                      • #12
                        Re: administration

                        Employees will be paid redundancy @ up to £430 per week, one week for each year that they have worked there. Some at our place of work that Deloitte administered got over £12k for their redundency from the SOS for BIS.

                        Keep your eye on this appeal case. They should win.

                        http://union-news.co.uk/2012/11/usda...-compensation/

                        Comment


                        • #13
                          Re: administration

                          When you put your claim in for Notice pay, you need to wait untill your notice period is up, so if you have worked there for 8 years, you have to wait for that period ( 8 weeks ) until you claim.

                          If you get a job after 6 weeks, they will only pay you six weeks

                          Comment


                          • #14
                            Re: administration

                            Originally posted by Flowerpower
                            Already posted a link

                            Comment


                            • #15
                              Re: administration

                              Originally posted by vint1954 View Post
                              Unless that debt is securred, they get in the queue with everyone else.

                              Employees com first after securred creditors, then the likes of the taxman
                              no deloitte come first then optcapita they are the secured lenders then creditors including employers and customers that haven't received goods already asked the question am i allowed to see their accounts now their in administration would they be on public veiw by any chance? its just that kessa gave 50 million to optcapita in feb 12 they went and bought game for 50 million in april but never bought any stock so where did that money go also we were told by the ceo bob darke in july we were now trading in the black and we still have peak to go something doesn't sound right but i'm not legal enough to know
                              ALWAYS SMILE NO MATTER HOW BROKEN YOU ARE

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