Redundancy Claim from some years ago

T

TableEnd

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Hi the company my dad worked for ceased business in 2008 and he was 62 so was out of work. He signed on for the next year but after that it was means tested and he didn't qualify. A family member owned the company that he worked for so he never looked into redundancy.

Can I just ask would he have been entitled to something? and could he still claim it?
 
Why did it go out of business, was it liquidated, were their assets over and above any company liabilities, If there were assets a redundancy package would have been the norm however if the company was illiquid then what could you do.

The company would have to be trading in the same name before any claim on a back dated basis could be considered.
 
I think it was just wound down as was no longer making money. The company was trading in the same name from when dad began working there if that's what you mean?
 
If it was not making money and had no reserves when it was wound up then there was no pot of cash to pay any severance package.
 
I disagree, if the employees were entitled to statutory redundancy then the employee could have filed the RP50 with the department and then after the employer proved that they were not in a position to pay, the department would pay out.

I'm not sure what the position is for a claim filed after 5 years!
 
This sort of thing just makes me want to pull my hair out - the time limit is 52 weeks after the date of termination of employment, and may be extended to 104 weeks if there are extenuating circumstances.

So OP unfortunately you are at least 3 years too late asking this question - I just find it baffling that the question is only being asked now. Very shabby behaviour out of the former employer / their accountan, particularly if the company was insolvent and the payment would have been made out of the social insurance fund, as it would have been no skin off their back.
 
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