Insolvency payment claims :Cross Stitch – Employment

You might be entitled to claim certain payments from the National Insurance Fund if your employer is insolvent. In some cases, it might not be possible for you to claim all the money you are owed. Find out what arrangements there are to make sure you receive a minimum amount.

The insolvency practitioner will normally send you the necessary forms for claiming any money you are owed. If this does not happen, you should write to the insolvency practitioner setting out your claim. They should tell you how to claim payments from the Redundancy Payments Office and HM Revenue & Customs (HMRC).

If you do not know who your insolvency practitioner is, you can contact Companies House who should hold their details and give you further support.

Pay includes:

  • guarantee payments
  • statutory payments for time off work, or suspension for medical or maternity reasons
  • overtime and commission

However, not all commission or bonus pay is payable from the National Insurance Fund. Only commission or bonus pay based on the amount of work you have done in the weeks you claim from the Fund may be considered.

Holiday pay and wages are calculated up to the date of insolvency.

Redundancy and notice pay are worked out from either the date your employer became formally insolvent or when your employment ended – whichever is later.