andyr

In 2002 the company I and about 400 other people worked for went into voluntary liquidation. This happened right at the end of the month (ie full month's pay owed - what a surprise !)
The circumstances of this are more than a little iffy as in the weeks and months leading up to this there were 2 or 3 companies looking to take the company over.
Apparently this came to nought.
Once the liquidation took place it was only a matter of days until one of the companies that had been interested but had then dropped out of the potential takeover then did takeover - suspicions are that this was somehow prearranged as doing this meant that the 'takeover' company didn't have to pay redundancy money etc and got the company on the cheap.
Around 2/3 of us were told to go home at the end of June 2002 as we were all made redundant.
About a week after being made redundant a number of us were offered our jobs back, same jobs, same pay etc but with the new employer and with loss of service etc - I think all of those offered took it up as we all seemed to struggle to get a job (and no, not 'cause we were all crap, people were being told that they were over qualified etc)
After receiving, IIRC a few hundred pounds from the govt after we were all made redundant, 2 years down the line the realising of the old company's assets is just about sorted out.

Question I want to ask is, before deciding how much we will receive from the assets, the liquidators want to know what money we received (from a job or state benefits) : their letter to us states that we have a legal obligation to mitigate our claim for contractual notice - why should this matter ?
The old company unfairly dismissed us without paying us for the month we'd worked, without paying us for the (4 weeks for me) notice period : can I not claim, from them, the fullest amount possible ?
Am i Really legally obliged to tell them (as I took up my job with the new company only around 10 days after the dismissal I am not out of pocket by a huge amount but to be honest the old company directory lied to us all, keeping people working away whilst planning to sell the company off (ahem but I didn't say that !!)
Unless their letter is truthful and I AM legally obliged, then I would tell them I earned very little. If they have to ask me then they can't have the knowldge that I earned more than 1/2 of what I would have had I never been laid off.

Anyone know employment law sufficiently well ?

r32

Have you tried the CAB ? They usually have a good employment law lawyer working for them.

Diablo

Andy,

I do this for a living - pm me with more details and I should be able to help.

I'm surprised that the liquidator is suggesting that your residual claim requires to be mitigated - this is not something we would do.

PM me what you claimed, what you got, and who the liquidator is and I'll see what I can do.

regards

ajm

Go get 'em Diabbers!

Diablo

Alex, are you stalking ME now

andyr

PM sent Diablo

ajm

Stalking? Moi?

andyr

Thanks for your input Diablo.

Diablo

No probs mate, happy to help

Jonto

Apply to the Redundancy payments office.

Diablo is right, liquidator must have quite a bit of time on his hands.

who do you work for diable ?