Redundancy Payments Office

I'm hoping someone is still reading this forum...

On Friday, I recieved a letter from the Redundancy Payments Office confirming that I wouldn't be getting any of my outstanding wages from them.

As I'm guessing all the Albany contractors were in the same boat, does anyone have any ideas what to do next?

I'm not sure what the next step would be, does paying tax and NI through PAYE not count towards being an "employee" ?

I had the same letter.

Guess an employment contract (even if zero hour) is not worth the paper it is printed on.

Just see if we getting anything back as an unsecured creditor now (doubtful).

But who knows, this business should have been fairly cash neutral once the agency payments have been reconciled, and there should have been one or two assets knocking around.

Another waiting game.

Section 2.4.3 of my Employment Contract “As a minimum we do however guarantee that you will be offered at least 336 hours of paid work over the course of any full 12 month period of employment commencing on the Start Date. “

Are your sure you were on zero hour contract? I suspect that the RPO has made no differentiation between those directly employed by AMUK Ltd (who in turn had the contract with the client) and those who had an additional contract with an employment agency.

What an utter pain. By coincidence I rang the RPO this morning as I have not received a letter yet and the decision was well overdue. It has still not arrived today.

From talking with the RPO case worker, they have decided that only the 'employment consultants’ who worked in the office (your AMUK office manager etc) will be paid. Presumably Martin Glick, as he was the 'Founder and bus driver' employee not a director, will get his insurance fund and redundancy money paid to him.. moving on..

I gathered this morning that they decided AMUK employees (out of the office) had a ‘contract for services’ not a ‘contract of service’.

I felt confident enough that I had sufficient bases covered in my contract to land it on the side of a contract of service.. an employment law solicitor (and a ‘friendly’ IP) agreed that it was very unlikely to go to employment tribunal.

I'd be very interested in knowing if there is any substantial difference between an AMUK contract/terms and one from Parasol or other members of the SPA. This could mean that NO umbrella companies are employees.

Sorry "NO umbrella companies are employees." should be "have employees" (other than those in their own offices).

Derek Kelly, technical director of Parasol wrote in this article
http://www.contractorcalculator.co.uk/contractor_payment_protection_umbrella_company.aspx
“Parasol’s client contractors between assignments are still employed by us and we guarantee to pay them a minimum of 336 hours per year, even if they are not working,” he continues. “This maintains their employment status with HMRC, pays a small amount towards living expenses and still covers minimum payments of income tax and National Insurance Contributions.”

I have 336 hours in my contract & particulars... plus other details like holiday pay, sick pay etc (and the fact that its says EMPLOYEE) which made me believe I safely within the definition of employee.

Albany was a member (removed from the site now) and Parasol still is a member of the http://www.serviceproviders.org.uk/members/index.html association. This was one of the things that Albany advertised and it definitely made me feel more confident going with them as they had agreed standards and presumably shared information on best practices etc.

If AMUK client contractors (directly employed, not using a third party employment agency and so not in a contract 'chain') fail the ‘employee test’ then does this mean that Parasol's and possibly Brookson’s and Giant’s client contractors are also really just ‘agency workers’? Possibly they do not employ directly like AMUK did or something else that makes a critical difference?

It may cost a trip to the ET to find out.

NeillC wrote:

I'm hoping someone is still reading this forum...

On Friday, I recieved a letter from the Redundancy Payments Office confirming that I wouldn't be getting any of my outstanding wages from them.

As I'm guessing all the Albany contractors were in the same boat, does anyone have any ideas what to do next?

Just found the forum. I am owed money by Albany Management UK and I've had the same letter as you about the redundancy pay.
It's been just over a year and I'm still mightily pissed of with the way those W$*&&ers behaved (accepting my timesheets and still invoicing the agency for the money when they kn ew they were not going to pay me. )
I'm working through my own Ltd company know (lesson learned). Can't see anyone getting their money now, I haven't heard anything from the creditors in a while now.

Simmo wrote:

NeillC wrote:

I'm hoping someone is still reading this forum...

On Friday, I recieved a letter from the Redundancy Payments Office confirming that I wouldn't be getting any of my outstanding wages from them.

As I'm guessing all the Albany contractors were in the same boat, does anyone have any ideas what to do next?

Just found the forum. I am owed money by Albany Management UK and I've had the same letter as you about the redundancy pay.
It's been just over a year and I'm still mightily pissed of with the way those W$*&&ers behaved (accepting my timesheets and still invoicing the agency for the money when they kn ew they were not going to pay me. )
I'm working through my own Ltd company know (lesson learned). Can't see anyone getting their money now, I haven't heard anything from the creditors in a while now.

I've read the liquidators report, and I think we'll get a chunk of it back, but these thing take time, and it may take years for the process to complete.

We are seeing gradual liquidation and investigation action but are individually told very little and given almost no guidance.

Two of us have done much re Albany liquidations and asked Many questions- plus have a big dossier.

We are allowed to have a formal team of creditors who are considered a 'creditors committee'.

We ought to now work much more together and find our way through the mess that includes Albany.