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Tikka
Junior Member

210 Posts

Posted - 23 January 2009 :  15:00:22  Show Profile  Reply with Quote
Hiya

I was told yday the factory where I am working will be closing at the end of this year & now I am on my 90 days consultation period which will end end of Apr.

Chances are & got my fingers crossed that I will be needed to stay on for longer as the process move out to the Czech Republic.

I am due to be discharged from BR May 21st 2009.

My question is at this moment in time should I inform the OR of what I was advised yday & just keep them updated as I know more to my position & when I will actually be made redudant.

Am really hoping that it will be after May 21st so I dont have to give over my redundancy pay but then I also dont want them to think I am hiding it from them as they advised the below when I posed the question as to what would happen should redudancy occur.

"...unless of course it were later found that you delayed receipt of the payment until after discharge to avoid it falling within your estate"

Am hopefully looking at approx £5k payout which I know they would want!!

Thanks
Charlotte

Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 23 January 2009 :  15:02:41  Show Profile  Reply with Quote
Char

Thats bad news sorry to hear that.

Yes you could inform the OR but they may want to know when it happens, are you in an IPA the income one at all.

I dont think te OR would take all your redundancy money as you would need to live but that would be down to them ultimately.

I do hope that things get better for you, i really do.

Lol


Jo
x


25 Weeks down
Yippeee!


27 to go

Im getting there!

I am always here for you, via posting, email or if you want a one to one chat that can be arranged. I cant give legal advice as i am not trained but i can give you general info and also the personal touch from my experience only.


Edited by - Needafriend on 23 January 2009 15:04:19
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JulianDonnelly
Junior Member



United Kingdom
325 Posts

Posted - 23 January 2009 :  15:06:02  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
Hi Tikka,

You have a duty to inform the OR of any change in your personal circumstances. It is possible that the OR may have a claim to part of the redundancy, but that can be directly negotiated with them.

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367
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Tikka
Junior Member

210 Posts

Posted - 23 January 2009 :  15:17:03  Show Profile  Reply with Quote
Ok thanks I will inform them of what is happening but surely untill I know the exact date of when I will be leaving they cant have any monies from me..

If I finish here after my discharge they arent entitled to take any of the redudancy?
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Tikka
Junior Member

210 Posts

Posted - 23 January 2009 :  15:25:05  Show Profile  Reply with Quote
Hi Jo

Thanks hun for your words..
It was a bit shocking, we expected job losses but not the factory to close...

Yes I do have an IPA of which I have made 5 payments so early days still sadly..

I am thinking tho I will take this opportunity for a complete change in career so my disposable income maywell go down so who knows what will happen here.

Sorry to see you are leaving the forum, your advise is always good..

xx
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 23 January 2009 :  16:00:03  Show Profile  Reply with Quote
Hi Tikka

Im not going now. You may be pleased to know.

I dont think you will need to mention about the loss if it occurs after discharge, i mean the money coming in but being in an IPA that makes it more awkward and they may want at least some of it from you.

Im not 100% sure how that will effect you.

Take care and have a great weekend


Jo
x


25 Weeks down
Yippeee!


27 to go

Im getting there!

I am always here for you, via posting, email or if you want a one to one chat that can be arranged. I cant give legal advice as i am not trained but i can give you general info and also the personal touch from my experience only.

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Tikka
Junior Member

210 Posts

Posted - 23 January 2009 :  16:04:03  Show Profile  Reply with Quote
Yay that is good news...

Oh I see, I thought once you were discharged from BR that was it any monies recived after like this or inheritance or bonus was yours to keep..

Hmmmm guess I will have to write to them & wait & see...

Thanks, have a good weekend too
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 23 January 2009 :  16:06:03  Show Profile  Reply with Quote
I dont want to say yes the find out im wrong, but Tikka that is how i see it, being that its yours once discharged and you can do with it what you like.

Jo
x


25 Weeks down
Yippeee!


27 to go

Im getting there!

I am always here for you, via posting, email or if you want a one to one chat that can be arranged. I cant give legal advice as i am not trained but i can give you general info and also the personal touch from my experience only.

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Tikka
Junior Member

210 Posts

Posted - 23 January 2009 :  16:56:18  Show Profile  Reply with Quote
will let you know when I find out...
I did ask the question to the OR a while back & she gave me this impression but I guess now its reality I will check out the facts with the RLT whatever they are called people!! I forget!! haha...
never easy hey....
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JulianDonnelly
Junior Member



United Kingdom
325 Posts

Posted - 23 January 2009 :  17:01:13  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
Hi Tikka,

As long as you're discharged (and not subject to an IPA/IPO) before you get made redundant, then you do not have to tell the OR and he has no claim on any monies you receive following redundancy.

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 23 January 2009 :  17:17:11  Show Profile  Reply with Quote
Hi Tikka

It will all work out in the end.

And its RTLU,

LOL


Jo
x


25 Weeks down
Yippeee!


27 to go

Im getting there!

I am always here for you, via posting, email or if you want a one to one chat that can be arranged. I cant give legal advice as i am not trained but i can give you general info and also the personal touch from my experience only.

Go to Top of Page

JulianDonnelly
Junior Member



United Kingdom
325 Posts

Posted - 23 January 2009 :  17:36:06  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
I'm sure you'll be fine!

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367
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Tikka
Junior Member

210 Posts

Posted - 27 January 2009 :  12:23:29  Show Profile  Reply with Quote
UPDATE......

I have checked with the finacial advisor who advised me in the first instance about going BR & hes said at this stage I dont need to advise the OR about my impending redudancy as at this moment in time I dont know when I will actually be made redundant, it may be April 09 it maybe Dec 09 so until I know for definite there is no change in my personal circumstances as I am still being paid monthly.

With regards to the payout & my discharge date if I receive my payout after my discharge date I can keep the money apart from the part that is my notice pay as this is classed as income & as I am subject to an IPA this bit they have a claim to nothing else. Obviously if get my payout prior to my discharge then the OR can claim there stake on the lump sum...

Hope that makes sense to you.. does to me & I am happy with this answer.. fingers crossed for after May 21st now!!
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