been working for ar lunn and they went bankrupt last week oweing me 1 weeks wages plus over time and 5 nights plus me week in hand plus 18 days holiday recievers have spoken to me saying i would recieve a form to claim wots owed do i get the full amount or a percentage and howlong does it take
Sorry to hear that
Sadly you may get shafted. In these cases the workers are usually treated as unsecured creditors and are at the bottom of the pile. The banks will get their money and suppliers and workers get whatever is left. Sorry you’ve been given the bums rush, and good luck with finding another job.
andy best:
been working for ar lunn and they went bankrupt last week oweing me 1 weeks wages plus over time and 5 nights plus me week in hand plus 18 days holiday recievers have spoken to me saying i would recieve a form to claim wots owed do i get the full amount or a percentage and howlong does it take
I’m sorry to hear about your bad news, unfortunately you’ll get very little I’m afraid as you will be bottom of the queue.
starfighter:
Sadly you may get shafted. In these cases the workers are usually treated as unsecured creditors and are at the bottom of the pile. The banks will get their money and suppliers and workers get whatever is left. Sorry you’ve been given the bums rush, and good luck with finding another job.
got another job just feel abit sick like been told they knew the crak on wednesday but we still kept workin we got a call on sunday sayin dont come in on monday the bank has pulled the plug and they were havin a meetin on monday to see were the job stood finacely then thursday got a call of the recievers sayin ar lunn went bankrupt this mornin
The form is completed and sent to the Government department and they decide how much you get, normally you should get full amount owed as the government get first call on the money from the recievers I.E Tax and NI Contributions etc
When I Liquidated Capitol Enterprises Ltd the Staff got every penny owed by the company, it took about 3 weeks for everything to be paid but that was back in 2007
I would have thought that a firm knew it was about to fall over whilst you were still in the process of working for them, thereby exposing them to criminal charges of theft & false accounting, since your labour was accepted knowing the firm had no intention of paying for it. Being a criminal matter, the boss can’t hide behind “limited company liability” to get off the hook either, as criminal charges are levied against the person(s) responsible for deploying your labour knowing it woudn’t be paid for, which is theft if the firm was already broke at that point, or fraud if the paymasters think the company MIGHT be broke come payday. Expect a lot of buck-passing, but ultimately the boss takes the can.
The honest way to go broke is to settle staff wages first (because they are hardest hit if you don’t!) suppliers second (at least they’ll have some insurance to cover them from bad debts) and finally advances on forward orders (since these are usually from other firms better able to weather the logjam in their cashflow).
This would mean like Leman Brothers, staff being sent home on the spot, only paid up until today, because the cupboard is now bare. High and low are clearing their desks. NO staff should be being asked to continue working a week or more in hand, with no intention of ever paying those staff! Even Banks don’t defraud people THAT directly!
There’s no point in chasing the company for anything, as the company is being wound up merely to protect directors from any comeback from “victims” left out with the washing like yourself.
Before making a complaint to the police, it is worth contacting the boss informing them of your intent to go straight past company legislation, and onto the criminal individual charges, and who knows? - He might decide to pay you a “ex-gratia” amount just for you to go away…! This would need to be an on the spot offer of cashier’s cheque, cash, or bankers draft of course.
On approaching the boss house, I would be very suprised indeed to see it being visited by bailiffs - I would be expecting them instead to continue having a ball apparently no worse off financially as a result of his firm’s winding-up. More evidence for you, should you decide to take a camera in a “That’s Life Expose’” style!
I wouldn’t mess around,if the receivers don’t give you form RP11…I think it’s 11,have a check on direct .gov and source one from there. It’s the government fund for occasions such as this.
You will need to fill in what pay your owed and holidays etc and the time it takes will vary…it happened to me a few years ago so a little hazy about it all now but some drivers had a cheque within a fortnight and mine took about a month.
There is a procedure to follow such as writing to your firm asking for monies owed before carrying on with the RP11 route but it has to be done.
Take a look at the acas site too regarding redundancies.
Sorry to hear you are in this position.
Regards Bri.
I called the LLP in for advice, we went through all the accounts and it was deemed Liquidation was the best way forward, It was instant no time to consider other options, staff were called in to the office and told of the final decision although they were aware of the meeting, each were given a form to complete there and then, I asked that the persihable foods in the freezers and on display in the fridges which could not be sold at auction were given to the staff and told to share it amongst themselves as a bonus instead of it being binned which the LLP agreed to.
The following Day the auctioneers arrived to look at what was there and then arranged for its collection a week later, Staff were paid for the full week out of cash in hand but holiday pay had to be applied for from the government, which they all recieved within 3 weeks.
I found the LLP were very considerate towards the staff making sure they didn’t lose out in any way, at the same time my reasons were simply cash flow thanks to RBS refusing to allow an early withdrawel even though we offered accepting a financial penalty, from a long term savings account.
In my own experience I can only say that the LLP are there to get the best deal for the creditors but directors are also responsible ensuring that wages should be met on pay day.
Despite what people think, the LLP also carry out an investigation and make an official report to be read at the creditors meeting, which either clears a director of wrong doing or puts the blame on the director which can be used to prevent them being a director again.