administration

[carol01]

Re: administration

Excellent thread Vint nothing like help from someone who has just been through the process.

Sorry Carol that you are being put through this and more so given the time of year and state of the economy.

I wish you well and hope that you are not unemployed for too long.

thanks pompey
i have an interveiw this week for an health and saftey,fire officer which the manager of M&S has asked me to apply for so fingers crossed.

[carol01]

Re: administration

And they do not have to notify SOS until they make 20 or more redundant

first lot of redundacies was 735 staff members,with no notice period the reason i ask is they are treating each establishment as seperate sites on the 1st HR1 form on the 2nd HR1 form it states 6889 at the establishment so treated as a collective. we had when the 1st form was subbmitted 22 members of staff, now we have 14, just a little uneasy as we are one of 13 stores that are the last to close date given 18/12/12 and 2 days to clear out i would think i won't be able to have this form filled in until after christmas.
thanks vint you are a star

[pompeyfaith]

Re: administration

Excellent thread Vint nothing like help from someone who has just been through the process.

Sorry Carol that you are being put through this and more so given the time of year and state of the economy.

I wish you well and hope that you are not unemployed for too long.

[vint1954]

Re: administration

hi vint
i have recieved a copy of the HR1 application submitted by comet on 05/11/2012 stating no proposed redundancies at present, then 4 days later they make the 1st lot of redundancies, i have a copy sent by the area manager of another HR1 application sent and dated 22/11/12 stating amount of redundancies as 6889 would i be able to see woolworths HR1 form submitted and if so where would i go to ask that question
thanks vint

And they do not have to notify SOS until they make 20 or more redundant

[vint1954]

Re: administration

Hi Carol,

Sorry for the delay:

Here is the link to the Deloitte Woolworth Insolvency report to the creditors

http://www.deloitte.com/view/en_GB/u...56f00aRCRD.htm

You won't however get sight of their HR1 to the SOS, as they don't usually issue one. They have obviously learnt and having been severely burnt by our case and the Judges comments. I recently had a very appologetic letter from a very large firm of London solicitors, appologising that they ( Deloitte) could not pay the award in the statutory 28 days as I had insisted as they had to wait for the outcome of the appeal. ( I had threatened them with High court enforcement if they did not pay in 28days)

Now had they known their stuff, they would have known that the 28 day limit does not apply to insolvent companies, so the can be confussed if you put your mind to it.

Keep all of the paperwork that you are recievng safe and in strict date order.

There is nothing else to do at this stage, except evidence gathering.

The next point for you will be when you recieve your notice of redundancy. A Pound to a pinch of salt, it will be a few days before you leave.

You should recieve a form in your pack from Deloitte, that makes a claim against the SOS for BIS for Notice Period, Holidays that heave not been paid and Redundancy payment. It is important that you fill this in for all elements. Don't let them fob you off about the holliday period, you must make a claim for holidays owed pre and post administration.

They should also give you another claim form against Comet. This will be for any difference between what you get paid by SOS for the above holidays and notice period, and what you are contractually owed. For arguments sake, you may get 8 weeks notice pay from the SOS but it may say 3 months in your contract. I suspect however, as you are paid below £430 per week, you will get your full amount from the SOS. These are all preferencial claims against Comet as they are wages.

The next stage will be after you have been made redundent. You then have 90 days to submit a claim at the employment tribunal. You will fill in an ET1 form online. You can do it by hard copy, but is easy to do online. This claim will be for a Protective Award, which is the lack of 90 days consultation. You can download a copy of this form, just to familiarise yourself with it. I will help you fill it in when the time comes, quoting all of the relevant laws.

At the time you are about to make the claim, you will need to write a very tame letter to Deloitte, requesting their permission to make a claim for a protective award. This will fast track your claim rather than waiting weeks for a Judge to give permission.

It's not a quick process. To give you an idea, I submitted my claim in January, pre hearing review was in July and hearing was in October.

Hope that helps with the next few weeks at least.

[carol01]

Re: administration

hi vint
i have recieved a copy of the HR1 application submitted by comet on 05/11/2012 stating no proposed redundancies at present, then 4 days later they make the 1st lot of redundancies, i have a copy sent by the area manager of another HR1 application sent and dated 22/11/12 stating amount of redundancies as 6889 would i be able to see woolworths HR1 form submitted and if so where would i go to ask that question
thanks vint

[kilasuit]

Re: administration

Just wanted to point out that child tax credit will be unaffected (possible increase but no decrease) and working tax credit you get a 4 week run on of.
As FP said you'll get 26weeks of Contribution based JSA at £71 a week.
Then there will be housing benefit and council tax benefit that you can claim too.

[fluffystuff]

Re: administration

Nothing constructive to add to this post I'm afraid.

Just wanted to say wow, what concise information from both Vint & FP, brilliant.

Hope all works out ok for you carol, x

[carol01]

Re: comet administration deliotte

Of course Carol,

I will move this thread to the protected area, away from prying eyes.

if you think its best then i will go with you advice x

[vint1954]

Re: administration

Thread moved to everything Legal

[vint1954]

Re: administration

ok would it be ok if i post back for your advice when this happens

Of course Carol,

I will move this thread to the protected area, away from prying eyes.

[carol01]

Re: administration

No, Wait until the store closes and you are made redundent.

You have 90 days after that to claim.

As soon as you leave, you will need to write to Deloitte and get permission to make the protective award claim. This needs to be worded carefully

ok would it be ok if i post back for your advice when this happens

[carol01]

Re: administration

I think it's about £70 per week, however if you have children it may be more. Depends if you have a partner and if they work. If you have a partner that works, you need to claim NI based JSA, not income based, but you will need to check the figures out.

my partner is self employed and made nothing last year will probs make nothing this year either no savings fly by the seat of our pants as my dad says and no savings

[vint1954]

Re: administration

ok do you think i should fill this in now or wait till the shop closes
thanks vint

No, Wait until the store closes and you are made redundent.

You have 90 days after that to claim.

As soon as you leave, you will need to write to Deloitte and get permission to make the protective award claim. This needs to be worded carefully

[vint1954]

Re: administration

how much is jsa by the way

I think it's about £70 per week, however if you have children it may be more. Depends if you have a partner and if they work. If you have a partner that works, you need to claim NI based JSA, not income based, but you will need to check the figures out.