Your rights if your employer is insolvent
What you can get
What money you鈥檙e entitled to depends on:
- how long you were employed
- what was in your employment contract
- your age
Payments are capped.
Redundancy pay
You鈥檙e normally entitled to redundancy pay if you:
- have been made redundant
- were an employee
- were continuously employed by the insolvent business for 2 years or more
You鈥檒l get:
- half a week鈥檚 pay for each full year you were employed and under 22 years old
- one week鈥檚 pay for each full year you were employed and between 22 and 40 years old
- one and a half week鈥檚 pay for each full year you were employed and 41 or older
Redundancy payments are capped at 拢700 a week (拢643 if you were made redundant before 6 April 2024).
You can get a payment for a maximum of 20 years that you were employed at the business.
Calculate your redundancy pay.
Wages and other money you鈥檙e owed
You can apply for unpaid wages and other money you鈥檙e owed by your employer, for example bonuses, overtime and commission.
You鈥檙e only entitled to money that鈥檚 in your employment contract.
You鈥檒l get up to 8 weeks of money you鈥檙e owed. It counts as a week even if you鈥檙e only owed money for a few days.
Example
If you鈥檙e owed 拢30 of overtime per week for the last 10 weeks, you鈥檒l get 拢240 (拢30 x 8 weeks).
Payments for wages and other money you鈥檙e owed are capped at 拢700 a week (拢643 if you were made redundant before 6 April 2024).
You pay income tax and National Insurance when you get unpaid wages and other money you鈥檙e owed. You might be able to claim a tax refund if you鈥檝e paid too much.
Holiday pay
You can get paid for:
- holiday days owed that you did not take (鈥榟oliday pay accrued鈥�)
- holiday days you took but were not paid for (鈥榟oliday pay taken鈥�)
You鈥檙e only paid for holidays you took or accrued in the 12 months before your employer became insolvent.
You鈥檒l only get payments for up to 6 weeks of holiday days. Holiday pay is capped at 拢700 a week (拢643 per week if your employer went insolvent before 6 April 2024).
You pay income tax and National Insurance on your holiday payment. You might be able to claim a tax refund if you鈥檝e paid too much.
Statutory notice pay
You鈥檙e entitled to a paid notice period when you鈥檙e made redundant, even if it is not in your contract.
You can claim for statutory notice pay if you:
- did not work a notice period
- worked some of your notice period
- worked an unpaid notice period
Your statutory notice pay is worked out as one week鈥檚 notice for every year you were employed, up to a maximum of twelve weeks.
Payments are capped at 拢700 a week (拢643 if you were made redundant before 6 April 2024).
Pension contributions
Contact the insolvency practitioner or official receiver if you鈥檙e missing contributions to your pension.