# Employer unable to pay redundancy



## Joanne1 (8 Feb 2010)

I, along with the other employees where I worked, were recently let go.  My employer told us he was unable to pay us any redundancy at all.  Is there any action we can take.  None of us want to sue.

Thanks in advance for any advice.


----------



## jack2009 (8 Feb 2010)

Contact the Department of Enterprise Trade and Employment and they will tell you what forms to fill out so that you can get paid by them.  You will also need letters of confirmation from your employer.

I am assuming the company did not go into liquidation?


----------



## Joanne1 (8 Feb 2010)

Thanks Jack2009.  I will contact them.  

No the employer was a sole trader not a company.  Will it have any implications for him if we claim it off DETE ?  He has serious financial difficulties as it is and I don't want to make the situation worse.


----------



## greenfield (8 Feb 2010)

Joanne - If your employer is unable to pay then there is a fund in the Dept of Enterprise to pay you your redundancy.   Your employer fills out an RP50 and signs it (bottom right) to say that they cannot afford to pay - this has to be backed up in writing by their accountant.  The form is also signed by you and submitted to the department and you will receive your statutory redundancy from them if you are entitled to it.


----------



## Joanne1 (8 Feb 2010)

Thanks Greenfield.  Will the employer still have to repay his portion 40% to the Dept?  He has enough debts without us adding to it.


----------



## greenfield (8 Feb 2010)

As fair as I know it will remain as a debt for your employer - but I presume payment will not be looked for until his financial position improves.


----------



## Joanne1 (8 Feb 2010)

Yes that's what I was afraid of.  I really don't want to add to his debts.


----------



## greenfield (8 Feb 2010)

Up to you of course but I don't think that the Department will be chasing him straight away - I think their follow up will be dependent on his financial position.   If you don;t make the claim within the time limits you will have lost forever your entitlement.   I wonder does anyone have any experience of the Department following up for the 40% with an employer?


----------



## Joanne1 (8 Feb 2010)

Thanks greenfield. I'll have to consider it.  I might try talking to the Dept.


----------



## jack2009 (8 Feb 2010)

Yes the 40% is due to be paid by the employer.

I appreciate that you may not want to add to your employers liabilities but be advised that you have to make your claim within 6 months (or at least it used to be) to the Department.


----------



## Bramble79 (27 Feb 2010)

Does anyone know what the situation is with receiving redundancy from the social insurance fund if my employer has disappeared (!) and there is not the option of getting a RP50 (or anything else) signed.... 
Having read this thread, I intend to contact the Department on Monday but just in case anyone can shed some light in the interim.
Thanks.


----------



## jack2009 (28 Feb 2010)

you have to complete an rp77 i think it is call actually not 100 percent on form name but you fill out the form. Go to emploment  appeals tribunal and get paid.  And send a copy of the form to your employer at the regidtered office adddress.


----------



## Liquidator (11 Mar 2010)

If you check with the dept. of Enterprise Trade and employment, they will advise you.

If an employer can not sign an rp50 there are ways round it.  For example if an employer dies, you can still claim


----------



## jack2009 (11 Mar 2010)

RP50 does not apply in this case.  As advised you have to take your case to the employment appeals tribunal before the department of enterprise,trade and employment will pay out.


----------



## lolipop (12 Mar 2010)

I would be in a slightly similar position in that my employer would not be able to pay the redundancy to me, so i would be applying to the DETE to get my payment... However, my query is that if i take a new job up within a week/two weeks of the redundancy would i still be entitled to my payment?


----------



## jack2009 (12 Mar 2010)

yes you would as it is money that is owed to you.


----------



## lolipop (12 Mar 2010)

Thank you


----------



## Joanne1 (3 Apr 2010)

Thanks everyone for the advice.   The situation improved and I was kept on on a 3 day week so I didn't have to seek the redundancy payment.

I appreciate all the responses.


----------

