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Redundancy payments for Directors – A guide on who qualifies and how to claim

Published: 31st August 2016

As a company director, you may have a vague understanding of redundancy pay in relation to your employees but did you know that a large majority of directors are entitled to redundancy payments too?

The common assumption is that there is nowhere to turn when your company is struggling financially with critical cash flow problems and liquidation looks to be the only option. You may not even have the funds to liquidate. However, in this precise situation, you may qualify for a number of statutory entitlements which could provide a much needed windfall in troubled times.

If you are a director of a limited company – which has been trading for over two years – and you are considering closing the company due to financial struggles (i.e. HMRC debts, creditor pressure, cash flow worries, potential insolvency), it is likely that you can claim for director redundancy for which the average UK claim is £12,000. In addition, it's likely you can claim for other statutory entitlements such as notice pay, holiday pay and unpaid wages - yet many company directors are not aware that these entitlements are available to them.

"The average payout for company directors in the UK is £12,000. Most directors are entitled to redundancy payments when their company enters liquidation."

If you do meet the criteria, claims can be made from the National Insurance Fund via the Redundancy Payments Service (RPS), and are tax-free. You can ask for a form from the liquidator, or request one online.

Do you qualify for redundancy pay?

As we mentioned earlier, you must be regarded as an employee of the company as well as a director in order to be eligible. This should be your initial consideration, and the criteria for claiming statutory redundancy pay as a director include:

  • Working under a contract of employment for at least two years - whether written, oral or implied, rather than only having a controlling interest
  • Working a minimum of 16 hours per week
  • Being owed money by the company – this could be arrears of PAYE for example, or the money you initially invested

How much redundancy pay will you receive?

Having established that you are, in fact, an employee of the company, the amount you’re entitled to depends on your length of service, age, and rate of pay. The rate of gross weekly wages at the time of redundancy (capped at £479/week) and your length of time in service (capped at 20 years) are used as the basis for calculating how much redundancy pay you’ll receive.

To be eligible, you must have completed a minimum of two years’ service. Employees owed money by an insolvent company become preferential creditors, and you may also be able to claim backdated salary and holiday pay.

How to make a claim for redundancy

First and foremost, directors need to meet certain criteria in order to apply for director redundancy payments. The quickest and easiest way to ascertain whether you qualify for director redundancy is to complete the RedundancyClaim form - an independent firm who specialise in helping company directors with their statutory entitlements, and they will quickly contact you to advise you of your position.

You may also be able to claim unpaid wages of up to eight weeks, and a maximum of six weeks’ holiday pay. The money is taken from the National Insurance Fund, which is where National Insurance Contributions are held and used to pay for statutory schemes such as redundancy and the state pension.

RedundancyClaim.co.uk can help you determine your status as an employee, and decide whether you can make a claim. They have over 40 years' experience in this field and we have no hesitation in recommending them as an independent specialist who have helped thousands of directors acheive the redundancy payments they are entitled to.

It became apparent to us that the Penyards name trades on its reputation as a long-established business in the area and that a speedy sale out of administration was the best course of action.
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