administration

[carol01]

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

[MrsD]

Re: administration

sorry to hear that

sounds like the company have no assets to claim.

have they given you any paperwork?

[vint1954]

Re: administration

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?

[carol01]

Re: administration

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

[carol01]

Re: administration

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

[carol01]

Re: administration

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

[vint1954]

Re: administration

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

[vint1954]

Re: administration

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

[MrsD]

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

[vint1954]

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

Indeed MrsD, they can behave shockingly.

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

[carol01]

Re: administration

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

[vint1954]

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/

[vint1954]

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

[vint1954]

Re: administration

It's on the IS website --- > http://www.bis.gov.uk/insolvency/Red...nov2012-update

Already posted a link

[carol01]

Re: administration

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