Employer refusing redundancy, need help on next step

LegacyUser

Hey, I'm just wondering on what to do next as I'm a little bit confused at the moment.

Long story short, my employer (Call him Mr.X) and a different franchise had a joint venture together. I was fronting the franchise but was employed and paid by Mr.X for 4 years.

Months ago, Mr.X told me he was cutting the contract with the franchise meaning he was letting me go. This was not a take-over of business or anything like that, Mr.X effectively laid me off and figured the franchise would take me on instead in another location.

At the time we spoke about redundancy and he got his accountant to calculate it up, he told me to get in contact with him a few months later because the company currently had no money. I wrote a letter saying he would pay me then for him to sign it but I found out from others working there that he refused to. (I knew full well what he was up to)

My job reached it's end with Mr.X later at the agreed deadline, the franchise had arranged that they would then take me on so they gave me a contract stating I was to be a permanent employee of theirs and I worked at one of their locations. I had no contact with Mr.X for 2 months.

2 months later I resigned from that franchise to move on elsewhere but I got in contact with Mr.X about my redundancy who then staunchly rejected any notion of redundancy and said I wasn't going to receive anything. He implied that I was still an employee of his company, that him and the franchise were going to work something out and that I was to return to my job..............he told me this AFTER I had already handed in my resignation and the fact that all my documentations / new contract / payslips show I was made a permanent employee of the franchise. He tried passing it off as a "training exercise"

I sent an RP77 form which he ignored, gave me his solicitor's details and told me he was having no further contact with me.

The next step is the RP50 form but I need clarification on it, do I fill it out? Does he or his solicitor fill it out? How do I get him to sign it if he is refusing contact with me? Also, the latest development I heard is that a receiver had been appointed to his company so what would this mean now for me?

Both Citizen's Advice (including the numerous solicitors who do volunteer work that you can talk to every 2nd and 4th week) and my own solicitor have told me that I should be fully entitled to my redundancy in regards to my case, that he is trying to get out of it.

My solicitor says if nothing happens with the RP50 then a complaint to Workplace Relations Commission would happen, starting that trail of meetings.

The problem being is that the costs will run exponentially high and far beyond what I can currently afford. I'm just afraid if some redtape cock-up is made and I lose the chance for redundancy then I'm out a lot of pocket and put in a very bad financial position.

I don't know what to do next and would really appreciate any advice!

Thanks!

davo10

•Are you entitled to statutory redundancy?
•Was your old employers company limited and has it been wound up? (Edit, I see you posted it is in receivership so you are now an unsecured creditor so you now have to contact the receiver)
•Did the franchise take over the business in accordance with TUPE regulations?
• Was there any time lag in you leaving the old employer and starting with the franchise?
• were you issued with a P45 by previous employer?
• what do you expect to gain financially by taking legal action against the old employer? Will it be worth th cost & stress? Given the fact that the company is in recievership, you will be at the bottom of the pile of creditors.

Op, you are flogging a dead horse, best to write it off and move on, if you do want to take legal action, you will need to consult a solicitor who specialises in employment law, brace yourself for the costs with little hope of any real gain.

LegacyUser

Thanks for replying.

davo10 wrote: »

•Are you entitled to statutory redundancy?

Yes, I'm owed just under 4 years.

•Was your old employers company limited and has it been wound up?

It's parent company is Ltd but it is still trading.

•Did the franchise take over the business in accordance with TUPE regulations?

There was no take-over, this was a joint venture to allow the franchise to operate on my employer's premises. When the employer didn't want to do it anymore I was laid off also

• Was there any time lag in you leaving the old employer and starting with the franchise?

It was within a few days of leaving the old employer and starting the franchise.

• were you issued with a P45 by previous employer?

I have both P45s from the employer and the subsequent job I took with the franchise

• what do you expect to gain financially by taking legal action against the old employer? Will it be worth th cost & stress?

I really would prefer not to take legal action but he is leaving me with next to no options. If it financially / stress-wise is too much then I don't know if I want to go down that route but I also am liking the idea of him getting away with not paying me almost 4 years redundancy.

The RP50 and the questions in my OP is what I have to take care of now but I need help in understanding about.

davo10

If the company which employed you is in recievership, you are wasting your time and money as he is insolvent. The most you would be entitled to is around €5k before tax, you will probably pay a good proportion of that amount in legal fees if you sue.

You also need to check if the business was taken over under TUPE regs, this gives employees rights as the new owner effectively takes over the responcibilities of the old. If it was TUPE, then the fact that you resigned may work against you but you really need to talk to an employment solicitor to check all the facts, regulations and your rights.

Google "TUPE" you will see that the transfer of a business and the rights of the employees is one of the most difficult areas of employment law. And difficult usually means expensive with no guarantee of a favourable outcome.