Do you qualify for Director's Redundancy claims?

Have you been paid at least part of your salary through PAYE? Normally, you will need to have taken at least part of your salary through PAYE to be successful making a claim. If you haven't been able to pay yourself recently however this may not necessarily prevent you from making a claim. If you have any doubts at all, please contact us.

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FAQ

The payments that the National Insurance Fund covers are:

• Redundancy — up to a maximum of 20 years’ service

• Loss of Notice — up to a maximum of 12 weeks

• Unpaid Wages — up to a maximum of 8 weeks

• Outstanding holiday pay — up to a maximum of 6 weeks

The Redundancy Payments Service is a branch of the Insolvency Service; ultimately, it is the RPS that will calculate and make the payment for your outstanding entitlements.

The money is paid from the National Insurance Fund.

Your redundancy entitlement is calculated using the number of full years’ service that you’ve given the company, your age and your weekly salary amount up to a maximum of £538 in the tax year ending 5 April 2021. For redundancy payments, a maximum of 20 years service (or 30 weeks redundancy if you were over 41 for all of those 20 years) will be considered. Your notice, unpaid wages, and outstanding holiday will be paid subject to the statutory weekly limits and amounts as above.

In short, yes. If you are owed arrears of pay, outstanding holiday and you would like to make a claim for loss of notice as well as your redundancy entitlement.

The National Insurance Fund will only be able to make payments of the full entitlements to employees and director-employees of insolvent companies. It has been announced that government legislation is being brought in to make it an offence to dissolve a company whilst it owes money to its staff, HMRC, or other creditors. We can recommend a liquidator if you do not have one in mind.

If you are only owed redundancy pay, however, it's possible that you may be able to claim your redundancy pay only without liquidating the company.

We can’t advise you on the solvency of your company. However, we can put you in touch with qualified insolvency practitioners who will be able to assess your situation and give you clear insolvency advice.

Yes and no. Only employees of insolvent companies can make a successful applications to the National Insurance Fund. However, as long as you are both a director and an employee of the company, you should be able to make a successful application. If part of your earnings have been paid via a company PAYE scheme, it is likely that you will be deemed an employee.

In the vast majority of cases, you are or can be both. For those directors who fulfil more than just an advisory or non-executive role, are actively engaged with the business on a daily basis, entitled to a salary paid in part or entirely through the company PAYE system, entitled to paid holiday etc. you are both a director and employee of the limited company. Find more detailed further information here.

Yes. Your case is stronger with a written contract of employment, however, as long as you have received some of your earnings as salary, your payments received will be representative of the verbal or implied contract between you and the company. If you are uncertain whether you qualify, try our questionnaire here, or feel free to contact us directly to discuss your case.

We will assess your claim, and tell you the likelihood of success based upon our experience. We will only take your case on if we believe you have a strong case for applying to the National Insurance Fund. If we don’t think you are likely to succeed, we’ll tell you. We’ll give you a best estimate of the amount you are likely to receive at the beginning of the process, and again once we have all of the documentation required.

We keep it simple. It’s 15% plus VAT of the net payment that you are awarded (nb the net amount less tax and NI deductions etc at source). Our fees will only be payable once you have received payment from the National Insurance Fund. You can find a working example at the bottom of this page.

Your application can only be submitted once the company has gone into liquidation. We can recommend a liquidator if you haven’t already instructed one.

We’ll aim for submission as close to this date as possible. This may be delayed where we are waiting for documentation in support of your application e.g. your P60s, company bank statements etc. however, we will always aim for your application to be submitted as close to the liquidation date as possible.

The Redundancy Payments Service usually requires approximately six weeks to process your application. Employee claims can usually be processed in one to three weeks; however, directors’ claims do take longer to process, as there is a higher level of supporting information required.

Once notification of payment has been received from the RPS, the monies should be with you within eight working days.

Redundancy Assist is a claims management company. If you choose to instruct us we will manage your claim to the Redundancy Payments Service on your behalf. We will make sure that you claim the correct amount, all forms are filled in correctly, and all necessary documentation is gathered and presented to the RPS as required. We will then liaise with the Redundancy Payments Service on your behalf as necessary until your claim is finally settled.

Please note that you do not have to use a claims management company to make a claim to the Redundancy Payments Service. You can do this yourself and without charge. Further information on how to do this will provided to you by your Insolvency Practitioner.

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