If I liquidate my company, what happens to my employees’ redundancy pay?

When a company is liquidated, employees turn into unsecured creditors, meaning they will be paid after secured and preferential creditors through the sale of assets. If there are no funds available after these creditors have been paid, employees can claim redundancy through the Redundancy Payment Service.

How will liquidation affect my employees?

As soon as an insolvency practitioner is appointed with the task of winding up a company, employees are immediately made redundant.

After all secured creditors have been paid, employees will be next and will be entitled to make claims for arrears of wages and holiday pay. If there isn’t remaining cash after paying the liquidator, secured creditors and preferential creditors, employees will be able to make their claims via the Redundancy Payment Service.

During a liquidation, employees will become preferential creditors. This means that they will be paid after any secured creditors or creditors with fixed and floating charges. However, preferential creditors do get paid before unsecured creditors.
redundancy

What redundancy claims can employees make?

Employees affected by a company entering liquidation are legally entitled to make a claim for any of the following:

  • Payment in lieu of any notice period.
  • Pro-rata holiday pay.
  • Redundancy pay.
  • Outstanding payments such as:
    • Unpaid wages
    • Overtime and bonus/commission
    • statutory notice pay

Compensation for claims such as these is dealt with by the Redundancy Payment Service, and liability does not fall upon the company. This means that employees are for more likely to successfully claim back funds than if they were to pursue an unfair dismissal claim.

Employees who have been working at the company for over two years will be entitled to a redundancy payout based on their years of service to the company.

Unfair dismissal claims

If the dismissal of an employee due to liquidation has resulted in significant loss to an employee, or was carried out without statutory due notice being given, they may have the option to make an unfair dismissal claim against the company.

This means an employee would be classed as an unsecured creditor and would be last on the list to receive any cash. Find an up to date guide on permissible allowances when claiming for unfair dismissal on the government website.

Can directors claim redundancy pay?

Just as with any other employee, directors are entitled to a redundancy payout. If they have been an employee of the company, working there for at least two years, completing a minimum of 16 hours per week and taking home a monthly wage then a director could be entitled to redundancy pay.

Eligibility is fairly broad so it’s not something to overlook – there’s a strong chance your circumstances will qualify. These payouts can be invaluable when it comes to self-funding liquidations.

Find out more about redundancy for directors

How to put a company into liquidation

If you are considering the liquidation of your company, we are licensed insolvency practitioners and are able to assess your situation and put your company into liquidation – this is known as a Creditors Voluntary Liquidation (CVL).

  1. Speak with our initial advisers through phone or online chat.
  2. After initial assessment we will identify if your company is viable for liquidation.
  3. We will propose to you the liquidation of your company and undertake the necessary steps.

All advice is free of charge and if a liquidation is viable it will result in the formal closure of your company, and any unsecured debts will be written off.

Find out more about how a Company Voluntary Liquidation works here

How to make a claim for employee redundancy

To claim for redundancy employees must meet a certain criteria, so that their claim can be met and the amount owed can be repaid back.

  • Worked as an employee for at least two years
  • Working for a minimum of 16 hours per week
  • Owed money from the company

If the criteria is fulfilled, then employees can make a claim through the National Insurance Fund which is where National Insurance Contributions are made. The claim will be assessed to confirm that you are eligible for redundancy funds and that the amount calculated is based on the length of your service with the company, your age, and current rate of pay. You are also able to claim for backdate salary and holiday pay.

How we can help

If you believe your company is insolvent or could soon become insolvent, knowing which route to go down is essential to get the best outcome. If you’re concerned about where a liquidation could leave your employees, we give you the right advice and a free consultation in which we can talk you through every step of the process.

In summary

Once a liquidator is appointed with the task of closing the company, its workforce is disbanded. Employees may choose to pursue a claim for any money to which they are legally entitled. This includes (but is not limited to) any due wage payment, pro-rata holiday pay, and redundancy pay. Payment of these particular claims is handled by the Redundancy Payment Service, and therefore is not held with any liability to the company or its directors.

One case in which the company itself may be held liable is if an employee is deemed to have faced significant loss due to its closure, and chooses to pursue an unfair dismissal claim. Any monies rewarded from the success of such a claim will be held against the company as unsecured debt. However, due to the preferential ranking of creditors of the company, it is unlikely that the employee will realistically see the full amount, or indeed any of this sum.

F.A.Q

How much would a redundancy payment be?

The redundancy payment you receive will be calculated by the length of your service with the company, your age and current rate of pay. However, your gross weekly wage at the time of redundancy is capped at £479 a week and the length of service is capped at 20 years.

Case Studies

Authored by Kelly Burton

Statestrong Limited

Kelly Burton • Manufacturing • Administration, Creditors Voluntary Liquidation (CVL)

Insolvency experts Wilson Field has helped turnaround the fortunes of a loss-making manufacturing company in Lancashire providing a new future for its 80 employees.

Businessman Russell Blaikie acquired the struggling 40-year-old Statestrong Limited, headquartered in Lytham St Annes, through a pre-pack sale and has been able to help the company immediately utilising his expertise in manufacturing and management.

Arrangements for the purchase of Statestrong’s business and assets were negotiated by Sheffield business specialists Wilson Field who affected the sale shortly after being appointed.

The company, which manufactures and supplies aerosol and liquid products for use in health and beauty, household, automotive and industry globally, posted sales of £12m last financial year, but had suffered pressure from creditors with outstanding arrears.
The total value of the deal is undisclosed but includes the business and the assets of the company based on Boundary Road in Lytham St Annes and Tarporley in Cheshire, which will now trade as Statestrong Products Limited.

Mr Blaikie said:

“Transactions of this nature are sensitive and require careful handling. The team at Wilson Field provided exactly the right professional approach.”

Wilson Field’s insolvency practitioners Kelly Burton and Joanne Wright worked closely with Mr Blaikie along with senior corporate case administrator Gareth Kinneavy.

Kelly Burton, said:

“The company had a wealth of expertise but was straddled with financial liabilities which ultimately made its future questionable. Looking forward, a previously distressed business now has a viable future.”

Authored by Kelly Burton

Derwent Castings Limited

Kelly Burton • Metals • Creditors Voluntary Liquidation (CVL)

Unsecured creditors owed money by a Derbyshire manufacturing company which went into liquidation are to receive a higher than the expected dividend of 60p in the pound.

A total in excess of £128,000 is due to be distributed to unsecured creditors of Whatstandwell-based Derwent Castings Limited, whose claims totalled over £192,000.

The company, whose roots date back to the 1940s, had traded profitably for a number of years but in late 2013 / early 2014 saw the cancellation of its largest sales contract which represented 70 per cent of its turnover.

Bosses at the company, which employed 16 staff including three directors, struggled to attract replacement business and had to drop prices. Further business was lost as a result of foreign competition.

Sheffield’s insolvency specialist Wilson Field was called in as liquidator and worked with the creditors’ committee of Derwent Castings Limited to secure the positive dividend.

Andy Wood, associate director and insolvency practitioner at Wilson Field said:

“Dividends for insolvent companies are generally low, or nothing, for a variety of reasons – cost of staff redundancies, difficulty collecting outstanding invoices, selling assets in a forced sale situation, selling specialist assets which have limited appeal to purchasers, deteriorating or perishable assets, as well as other costs involved.

“However, thanks to a very positive relationship with the creditors committee, I am delighted to return a healthy dividend to the unsecured creditors in the region of 60p in the pound.

“The supply chain is often greatly affected by a liquidation and in this case we have been able to help creditors.”

Derwent Castings Limited was incorporated in August 2002 and specialised in iron casting from the five-acre Derwent Foundry site at Whatstandwell near Matlock.

However, the iron founding operation at Derwent Foundry was first introduced back in 1946 by Wragg & Hawksley which produced cast iron pipes for the water industry.

In 1950 the foundry was acquired by WH Davis & Sons Ltd to supply castings for their railway wagon building business. Following a management buy out in 1984, the company was renamed Derwent Foundry Ltd and following its closure in July 2002, was bought by its present owners and renamed Derwent Castings Ltd.

Amongst jobs carried out on site were moulding using loose pattern and modern air setting (boxless) sand systems; metals work using the latest in electric induction melting producing a wide range of grey, SG and alloy irons; an independent Namas approved test laboratory, finishing, pattern making and machining facilities.

Authored by Kelly Burton

M J Squire Limited

Kelly Burton • Construction & Engineering • Creditors Voluntary Liquidation (CVL)

A bespoke joiners and shop fitters in Sheffield, M J Squire Limited, had been in its trade for more than 30 years.

However, recently it has been forced to close due to the downturn in the construction and retail industry.

The company was located at Orgeave Close in Sheffield, after working for many household names over the years including House of Fraser, Levi’s, Austin Reed and Tommy Hilfiger.

Until 2014, it had been a profitable company but over the past couple of years, it had been unable to secure profitable contracts.

February 10th, 2016 saw the appointment of Wilson Field’s Andy Wood and Robert Dymond as liquidators. This development for the company came as a result of suffering cash flow problems.

Operations at M J Squire Limited have now ceased and regrettably, all nine roles within the company were made redundant.

Andy Wood, insolvency practitioner from Wilson Field, spoke about his work on this case. 

“Declining sales at M J Squires significantly impacted cash flow and the business’ ability to meet its liabilities. In the face of tough market conditions, the director has taken the difficult decision not to continue trading. The business has closed and the assets are being sold.”

“It is very sad to see this well-known local business cease to trade after over 30 years. The downturn in the retail sector has hit this business hard.”

Beverley Horton Christopher Callaghan Stephen Hall

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    "I engaged Wilson Field (Leeds office) when I decided to liquidate my company with an MVL. The service Stephen Furbank and his team provided during the period it took to complete the MVL was first rate. There was good communication, advice and information making the process easy and straightforward for me. Many thanks to the professional team at Wilson Field."

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    "Very prompt and efficient. Stephen Furbank is a very pleasant guy to deal with - always helpful and clear in his explanations and advice."

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    "I engaged Wilson Field (Leeds office) when I decided to liquidate my company with an MVL. The service Stephen Furbank and his team provided during the period it took to complete the MVL was first rate. There was good communication, advice and information making the process easy and straightforward for me. Many thanks to the professional team at Wilson Field."

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    "Working with Wilson Field as part of my company's MVL and especially Emma was a fantastic experience and thought the explanations, clarity and prompt responses were first class."

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    Richie Thomas

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    "I engaged Wilson Field (Leeds office) when I decided to liquidate my company with an MVL. The service Stephen Furbank and his team provided during the period it took to complete the MVL was first rate. There was good communication, advice and information making the process easy and straightforward for me. Many thanks to the professional team at Wilson Field."

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    "Efficient Service Received Wilson Field handled our Members' Voluntary Liquidation in an efficient and timely manner. The process was explained fully and there were no difficulties or problems along the way. Wilson Field were recommended to us and we would also recommend this company."

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    "Stephen worked closely with me every step of the way, and as a person new to this kind of operation. I found it was very reassuring. To have his knowledge and support."

    Richie Thomas

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    "Very prompt and efficient. Stephen Furbank is a very pleasant guy to deal with - always helpful and clear in his explanations and advice."

    Richard Green

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    "I engaged Wilson Field (Leeds office) when I decided to liquidate my company with an MVL. The service Stephen Furbank and his team provided during the period it took to complete the MVL was first rate. There was good communication, advice and information making the process easy and straightforward for me. Many thanks to the professional team at Wilson Field."

    bijal shah

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    "Working with Wilson Field as part of my company's MVL and especially Emma was a fantastic experience and thought the explanations, clarity and prompt responses were first class."

    BarbaraM-405

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    "Efficient Service Received Wilson Field handled our Members' Voluntary Liquidation in an efficient and timely manner. The process was explained fully and there were no difficulties or problems along the way. Wilson Field were recommended to us and we would also recommend this company."

    Patrick Finn

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    "Stephen worked closely with me every step of the way, and as a person new to this kind of operation. I found it was very reassuring. To have his knowledge and support."

    Richie Thomas

    star_rate star_rate star_rate star_rate star_rate

    "Very prompt and efficient. Stephen Furbank is a very pleasant guy to deal with - always helpful and clear in his explanations and advice."

    Richard Green

    star_rate star_rate star_rate star_rate star_rate

    "I engaged Wilson Field (Leeds office) when I decided to liquidate my company with an MVL. The service Stephen Furbank and his team provided during the period it took to complete the MVL was first rate. There was good communication, advice and information making the process easy and straightforward for me. Many thanks to the professional team at Wilson Field."

    bijal shah

    star_rate star_rate star_rate star_rate star_rate

    "Working with Wilson Field as part of my company's MVL and especially Emma was a fantastic experience and thought the explanations, clarity and prompt responses were first class."

    BarbaraM-405

    star_rate star_rate star_rate star_rate star_rate

    "Efficient Service Received Wilson Field handled our Members' Voluntary Liquidation in an efficient and timely manner. The process was explained fully and there were no difficulties or problems along the way. Wilson Field were recommended to us and we would also recommend this company."

    Patrick Finn

    star_rate star_rate star_rate star_rate star_rate

    "Stephen worked closely with me every step of the way, and as a person new to this kind of operation. I found it was very reassuring. To have his knowledge and support."

    Richie Thomas

    star_rate star_rate star_rate star_rate star_rate

    "Very prompt and efficient. Stephen Furbank is a very pleasant guy to deal with - always helpful and clear in his explanations and advice."

    Richard Green

    star_rate star_rate star_rate star_rate star_rate

    "I engaged Wilson Field (Leeds office) when I decided to liquidate my company with an MVL. The service Stephen Furbank and his team provided during the period it took to complete the MVL was first rate. There was good communication, advice and information making the process easy and straightforward for me. Many thanks to the professional team at Wilson Field."

    bijal shah

    star_rate star_rate star_rate star_rate star_rate

    "Working with Wilson Field as part of my company's MVL and especially Emma was a fantastic experience and thought the explanations, clarity and prompt responses were first class."

    BarbaraM-405

    star_rate star_rate star_rate star_rate star_rate

    "Efficient Service Received Wilson Field handled our Members' Voluntary Liquidation in an efficient and timely manner. The process was explained fully and there were no difficulties or problems along the way. Wilson Field were recommended to us and we would also recommend this company."

    Patrick Finn

    star_rate star_rate star_rate star_rate star_rate

    "Stephen worked closely with me every step of the way, and as a person new to this kind of operation. I found it was very reassuring. To have his knowledge and support."

    Richie Thomas

    star_rate star_rate star_rate star_rate star_rate

    "Very prompt and efficient. Stephen Furbank is a very pleasant guy to deal with - always helpful and clear in his explanations and advice."

    Richard Green

    star_rate star_rate star_rate star_rate star_rate

    "I engaged Wilson Field (Leeds office) when I decided to liquidate my company with an MVL. The service Stephen Furbank and his team provided during the period it took to complete the MVL was first rate. There was good communication, advice and information making the process easy and straightforward for me. Many thanks to the professional team at Wilson Field."

    bijal shah

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    "Working with Wilson Field as part of my company's MVL and especially Emma was a fantastic experience and thought the explanations, clarity and prompt responses were first class."

    BarbaraM-405

    star_rate star_rate star_rate star_rate star_rate

    "Efficient Service Received Wilson Field handled our Members' Voluntary Liquidation in an efficient and timely manner. The process was explained fully and there were no difficulties or problems along the way. Wilson Field were recommended to us and we would also recommend this company."

    Patrick Finn

    star_rate star_rate star_rate star_rate star_rate

    "Stephen worked closely with me every step of the way, and as a person new to this kind of operation. I found it was very reassuring. To have his knowledge and support."

    Richie Thomas

    star_rate star_rate star_rate star_rate star_rate

    "Very prompt and efficient. Stephen Furbank is a very pleasant guy to deal with - always helpful and clear in his explanations and advice."

    Richard Green

    star_rate star_rate star_rate star_rate star_rate

    "I engaged Wilson Field (Leeds office) when I decided to liquidate my company with an MVL. The service Stephen Furbank and his team provided during the period it took to complete the MVL was first rate. There was good communication, advice and information making the process easy and straightforward for me. Many thanks to the professional team at Wilson Field."

    bijal shah

    star_rate star_rate star_rate star_rate star_rate

    "Working with Wilson Field as part of my company's MVL and especially Emma was a fantastic experience and thought the explanations, clarity and prompt responses were first class."

    BarbaraM-405

    star_rate star_rate star_rate star_rate star_rate

    "Efficient Service Received Wilson Field handled our Members' Voluntary Liquidation in an efficient and timely manner. The process was explained fully and there were no difficulties or problems along the way. Wilson Field were recommended to us and we would also recommend this company."

    Patrick Finn

    star_rate star_rate star_rate star_rate star_rate

    "Stephen worked closely with me every step of the way, and as a person new to this kind of operation. I found it was very reassuring. To have his knowledge and support."

    Richie Thomas

    star_rate star_rate star_rate star_rate star_rate

    "Very prompt and efficient. Stephen Furbank is a very pleasant guy to deal with - always helpful and clear in his explanations and advice."

    Richard Green

    star_rate star_rate star_rate star_rate star_rate

    "I engaged Wilson Field (Leeds office) when I decided to liquidate my company with an MVL. The service Stephen Furbank and his team provided during the period it took to complete the MVL was first rate. There was good communication, advice and information making the process easy and straightforward for me. Many thanks to the professional team at Wilson Field."

    bijal shah

    star_rate star_rate star_rate star_rate star_rate

    "Working with Wilson Field as part of my company's MVL and especially Emma was a fantastic experience and thought the explanations, clarity and prompt responses were first class."

    BarbaraM-405

    star_rate star_rate star_rate star_rate star_rate

    "Efficient Service Received Wilson Field handled our Members' Voluntary Liquidation in an efficient and timely manner. The process was explained fully and there were no difficulties or problems along the way. Wilson Field were recommended to us and we would also recommend this company."

    Patrick Finn

    star_rate star_rate star_rate star_rate star_rate

    "Stephen worked closely with me every step of the way, and as a person new to this kind of operation. I found it was very reassuring. To have his knowledge and support."

    Richie Thomas

    star_rate star_rate star_rate star_rate star_rate

    "Very prompt and efficient. Stephen Furbank is a very pleasant guy to deal with - always helpful and clear in his explanations and advice."

    Richard Green

    star_rate star_rate star_rate star_rate star_rate

    "I engaged Wilson Field (Leeds office) when I decided to liquidate my company with an MVL. The service Stephen Furbank and his team provided during the period it took to complete the MVL was first rate. There was good communication, advice and information making the process easy and straightforward for me. Many thanks to the professional team at Wilson Field."

    bijal shah

    star_rate star_rate star_rate star_rate star_rate

    "Working with Wilson Field as part of my company's MVL and especially Emma was a fantastic experience and thought the explanations, clarity and prompt responses were first class."

    BarbaraM-405

    star_rate star_rate star_rate star_rate star_rate

    "Efficient Service Received Wilson Field handled our Members' Voluntary Liquidation in an efficient and timely manner. The process was explained fully and there were no difficulties or problems along the way. Wilson Field were recommended to us and we would also recommend this company."

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    Beverley Horton Christopher Callaghan Stephen Hall

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