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Understanding eligibility for director redundancy pay

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What is director redundancy pay?

When a company enters an insolvent liquidation process such as a Creditors’ Voluntary Liquidation (CVL), the directors of that company are often entitled to claim redundancy pay and other statutory entitlements. This is because as well as being directors of the company, it is usually the case that they are also classed as employees of the business as well. The amount of redundancy pay a director may be entitled to will depend on a range of factors including age at the time of redundancy, length of service, and the salary taken during this time.

Am I eligible for redundancy pay as a company director?

In many instances, company directors are eligible for redundancy pay, also known as directors redundancy, in the event of insolvent company liquidation or closure.

Redundancy pay can only be claimed in the event of formal insolvency proceedings such as liquidation. Only the directors of an insolvent company will be eligible for a redundancy payment. 

As well as being the director of an insolvent company entering liquidation, you must have also worked for the company for a minimum of two years for at least 16 hours per week and have taken a salary via PAYE during this time. 

Redundancy can be paid to all eligible parties so any co-directors you may have will also be able to submit a redundancy claim. 

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Can IR35 contractors claim director redundancy?

Yes IR35 contractors operating as a limited company can claim director redundancy in the same way as other limited company directors so long as they meet the criteria.

Claiming redundancy pay as an IR35 contractor includes working under a contract of employment for at least two years continuously, and receiving a regular salary under PAYE.

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How much is director redundancy pay?

Just like with employees, the amount of director redundancy pay you might be entitled to depends on a number of factors including your length of service with the company, your age at the time of redundancy, and the salary you took from the company via PAYE.

If you are eligible, you will be entitled to one weeks' pay for each full year worked up to the age of 40, with one and a half weeks' pay for each full year worked aged 41 and above. 

As well as redundancy pay, you may also be able to claim any arrears of wage, holiday pay, and pay in lieu of notice. While redundancy pay is tax-free, some of the additional entitlements will subject to tax at your applicable rate.

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How to make a claim for redundancy

If the company is not in a financial position to pay the redundancy monies owed, this will instead be paid from the National Insurance Fund. 

Once you enter into formal insolvency proceedings, such as liquidation, your appointed insolvency practitioner will be able to talk you through the redundancy claims process and determine whether you are eligible. If you are, they will be able to arrange for your application for director redundancy to be submitted. 

If you are considering liquidating your insolvent company, speak to the experts at Real Business Rescue today for free confidential advice on 0800 644 6080.

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