# Employer gone into liquidation.



## TheShark (8 Jun 2009)

A friend has been in full-time employment with this employer for almost three years.
He has been sick for the past few weeks and was receiving illness benefit from Social Welfare , nothing from the employer. He submitted medical certificates to the employer as requested.
This morning he got a call from a work collegue saying that when he turned up for work today the gates were locked and there was a notice on the door saying the company had gone into liquidation and referring enquiries to the liquidator. My friend called the companys office and there was a recording referring queries to the liquidator.
Where does he now stand regarding his notice , holiday pay , bank-holiday pay , redundancy paymentand getting his P45? He has had no contact about this from his employer.


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## jack2009 (8 Jun 2009)

He should find out who the liquidator is and make a claim to him for his arrears of holiday pay, holiday pay etc.

The liquidator will issue various forms that require completion.

The bad news is that these forms have to be submitted to the Department of Enterprise, Trade and Employment and there is a c. 12 week back log.


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## TheShark (8 Jun 2009)

Thanks for that jack2009.
He called the liquidator today and he confirmed that P45 and forms were sent out last Friday. Liquidator asked for forms to be returned to him and details will be checked against the companys records.
Just one other query - the company is based in Northern Ireland , it was a distribution company and my friend was employed as a deleviry driver for the Dublin area , they were registered here and he paid his PAYE and PRSI here. Will this affect his claim in any way? The liquidator is Northern Ireland based.


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## jack2009 (21 Jun 2009)

Ah, if your friend has been employed by a UK company then your friend will be compensated in accordance with UK legistlation.

Sorry, it has been sometime since I did a UK employee claim but remember that their system is very similiar to IRL's system/rights. ie they have a similiar department to the department of enterprise trade and employment.

Sorry for the late response!


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## TheShark (22 Jun 2009)

Can you just clatify that Jack. The Employer is based in Co Tyrone , however the employee worked for them in the Republic of Ireland , he has paid PAYE and PAYE here and his employer , although based in Northern Ireland was registered here.
Liquidator is based in Dungannon and seems sure he should submit his claim to Belfast? Employee feels he should submit it here as this is where he is registered.


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## jack2009 (22 Jun 2009)

Well in that case I think you friend will be covered by the Department of Enterprise Trade and employment.  The UK liquidator might not be familiar with the process so make sure your friend is asked to complete an EIP3 and an Rp50.


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## negative (22 Jun 2009)

Hi all, maybe someone can help me with this situation.I have worked for a friend for circa 3 years in small retail operation.For the last 18 months things have been pretty tough and from jan 08 I have been paid intermittently,some weeks no pay and then when things picked up I was paid in full and I was happy to chip in this way, then as business got worse I missed more pay weeks. so the situation now is that i am owed over 10 weeks wages and holiday pay. my employer says he can't pay me what he owes me and also that he will have to let me go. can anyone tell me am I entitled to any redunancy? is there any way i can get my missing wages eg through the dept of trade and enterprise . any answer appreciated.


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## jack2009 (23 Jun 2009)

If your employer is unable to pay you what you are owed  you are entitled to get statutory redundnacy as you have worked for over 2 years.  However, you will have to make an applicaiton to the Employment Appeals Tribunal and this could take a very long time to process.  Also, payments made by the EAT are restrict your wage to 600 week.

If would appear that your friend is trading while insolvent and this is reckless and seriously needs to consider appointing a liquidator!


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## negative (24 Jun 2009)

Thanks for the information jack.


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