For employees

What happens to employees when a company goes into liquidation?

If your employer has failed, you are not left with nothing. Here is what you can claim, from whom, and how the process works.

If your employer has gone into liquidation or administration, the immediate worry is usually a practical one: what am I owed, and who pays it?

The short answer is that you are not left with nothing. There is a statutory scheme designed for exactly this situation.

What you can claim

Where an employer is insolvent and cannot pay, employees can claim from the Redundancy Payments Service, which pays out of the National Insurance Fund. The main elements are:

  • Statutory redundancy pay: based on your age, length of service and weekly pay, subject to statutory caps.
  • Arrears of wages: pay owed for work already done, up to a statutory limit of weeks.
  • Holiday pay: accrued and untaken holiday, and in some cases holiday taken but unpaid.
  • Statutory notice pay: compensation for the notice you should have received.

Each element is subject to statutory limits, both on the number of weeks and on the weekly amount. This means employees with long service or higher salaries may not recover the full sum owed from the scheme, and the balance becomes a claim in the insolvency itself, where it may attract a dividend.

How the process works

  1. The office holder collects your employment data: start date, salary, holiday entitlement, and what you are owed.
  2. You receive a case reference number. You need this to claim.
  3. You submit your claim online to the Redundancy Payments Service. You do this yourself; the office holder cannot do it for you.
  4. Payment is made, usually within a few weeks of a complete application.
  5. Notice pay is claimed separately, after your notice period has expired, because you must first give credit for anything earned elsewhere during that period.

Some elements rank ahead of other creditors

Certain employee claims are preferential in the insolvency, which means they rank ahead of floating charge holders and unsecured creditors for distributions. This applies principally to arrears of wages up to a statutory limit and to holiday pay.

In practice, the Redundancy Payments Service pays you first and then takes over your preferential claim against the company. You do not need to wait for the insolvency to conclude to be paid.

If the business is sold rather than closed

Where a business, or part of it, is sold as a going concern (often out of an administration), the TUPE regulations may apply, and employees may transfer to the buyer with their continuity of employment preserved. In that case, there is no redundancy, because there is no dismissal.

This is one of the reasons a trading administration is worth attempting where a business has value: the alternative frequently means everyone loses their job.

Where to get help

The office holder’s staff can tell you where your claim stands and provide your case reference. If you disagree with the figures used, say so: errors in holiday or service data are not unusual and are fixable.

For general advice on your employment rights, ACAS and Citizens Advice are both free and independent.

If you are a director of the company rather than an employee, your position is different and more complicated: you may still be an employee for these purposes, but it depends on the facts. That is worth a conversation.

Common questions

Will I get my redundancy pay if my employer is insolvent?
Statutory redundancy pay is claimable from the Redundancy Payments Service, funded by the National Insurance Fund, where your employer cannot pay. Statutory limits apply to the weekly amount and the number of weeks.
What can I claim from the Redundancy Payments Service?
Broadly: statutory redundancy pay, arrears of wages, holiday pay accrued and untaken, and statutory notice pay. Each is subject to statutory caps, and notice pay is claimed separately after the notice period has expired.
How long does payment take?
Most claims are paid within a few weeks of a properly completed application, though notice pay is dealt with later than the other elements because it can only be claimed once the notice period has run.
Do I need to do anything myself?
Yes. You submit the claim yourself online, using a case reference number provided by the office holder. The office holder supplies the employment data that supports it.

Let’s talk it through, in confidence.

A free, no-obligation conversation is the best first step. You will speak to an experienced adviser, not a call handler.