Irrespective of where you stand in the process, it is extremely important to understand what happens to staff when a company goes into administration.
A company in insolvency may benefit from administration in order to pay off debts and escape creditors’ demands. The process usually ends within a year, and the company may be returned to the directors’ control, dissolved, or liquidated.
Administration is a process that allows a financially distressed company to restructure its affairs and pay off its debts. When a company goes into administration, it means that the company is insolvent and cannot pay its debts.
The appointed administrator will take over the running of the company and will try to sell the company as a going concern. The administrator will also try to negotiate with creditors to reach an agreement on how the debts will be paid.
However, if the administrator is unsuccessful in selling the company or reaching an agreement with creditors, the company will be liquidated and all staff will be made redundant. In such cases, it is important for staff to understand their rights and entitlements so that they can claim redundancy pay and other benefits.
There’s no denying that employees are anxious – so here’s a look at what happens to staff in the event of company bankruptcy.
When a company goes into administration do employees get paid
When a company goes into administration, the administrator is responsible for managing the company’s finances and assets. The administrator’s primary goal is to try to rescue the company and return it to solvency, but if this is not possible, the administrator may decide to liquidate the company’s assets to pay off its debts.
During this process, the administrator is required to prioritise the payment of certain debts, such as employee wages and benefits, over other unsecured debts. This means that employees of the company should continue to be paid as normal, unless the administrator determines that there are insufficient funds available to meet these obligations.
It is worth noting that the administrator has the power to make changes to the terms of employment, such as reducing wages or altering working hours, in order to try to improve the financial position of the company.
The first 2 weeks in administration
A company’s first fortnight of administration determines what happens to its employees.
In the first two weeks after the administration, employees remaining on the job become preferential creditors.
In regards to recovery of wages owed, these employees still lag behind secured creditors, such as banks. However, if made redundant down the road, they will have the best chance of getting their money back.
As opposed to this, employees dismissed to reduce costs within the first 14 days become ordinary creditors. Suppliers and other creditors are last in line for payments.
Employee rights in company administrations: preferential creditors
A liquidation may take place and workers may be laid off if administrators are unable to save the company.
If that happens, employees who are preferential creditors can claim under the Insolvency Act of 1986 updated in the Enterprise Act of 2002:
- Up to £800 of outstanding salary and commissions, covering the last four months before insolvency
- Up to six weeks of holiday pay
- Some pension payments
Preferential creditors can then make another claim as ordinary creditors to collect the rest of the money owed from over four months before insolvency.
Ordinary creditors – employee rights
If the sale of an asset generates funds, non-preferential creditors can try to recover what they’re owed, but usually there is not much left by this stage.
Among all insolvent liquidations, we’ve discovered that fewer than half result in anything for creditors.
Employment Rights Act 1996 protects employee rights in company administration, however, and if they are made redundant, they can contact the government to register a claim.
Once they have made a claim from the company within six months, they can seek wage arrears, unpaid holidays, notices and redundancy payments.
National Insurance Fund (NIF)
Insolvency Service (Insolvency Service) pays out money from the NIF, which is managed by the Redundancy Payments Service (RPS).
The following benefits are available to employees:
- Up to eight weeks’ salary
- Up to six weeks’ holiday pay
- Up to 12 weeks’ statutory notice pay
- Redundancy pay
If you have been employed for at least two years, you are entitled to redundancy pay.
- Half a week’s pay for every full year employed and aged under 22
- One week’s pay for every full year employed and aged 22-40
- One and a half week’s pay for every full year employed and aged 41 or above
From the 6th of April 2021, redundancy pay is capped at £544 per week, for a maximum of 20 years of service.
The same thing happens to staff when a company goes into administration unless a new buyer can be found for the company.
If a company goes into administration do I get redundancy
Yes, if a company goes into administration you will get redundancy if you have worked at the company for two years or more.
The specific rights and entitlements of employees in this situation are protected under the Employment Rights Act 1996.
Here are some key points regarding redundancy payments in the UK:
- Statutory Redundancy Pay: Employees who have worked for the company for at least two years are entitled to statutory redundancy pay. The amount of redundancy pay is calculated based on the employee’s age, length of service, and weekly pay, subject to a maximum limit (updated annually). As of my knowledge cutoff in September 2021, the maximum limit was £16,320.
- Notice Pay: Employees are entitled to receive notice pay if they are made redundant. The length of notice depends on the employee’s length of service, as outlined in their employment contract or the statutory minimum notice period, whichever is longer.
- Outstanding Holiday Pay: Employees are entitled to be paid for any accrued but untaken holiday days up to their last day of employment.
It’s worth noting that redundancy payments and entitlements can be more generous than the statutory minimum if the company has an established redundancy policy or if there is a collective agreement with a trade union.
The UK government’s Insolvency Service oversees the payment of statutory redundancy pay to eligible employees when a company goes into administration. Employees are encouraged to contact the Insolvency Service or visit their website for more information and to initiate their redundancy pay claims.
During such challenging times, employees are often given advice and support by the company’s administrators, HR department, or they may seek guidance from trade unions or independent legal advisors to ensure they receive the correct entitlements as per UK employment law.
A buyer for the company
The Transfer of Undertakings (Protection of Employment) Regulations 2006 protect employee rights in the event of new owners. Retaining employees are able to continue working and collecting their salaries since this is a TUPE transfer.
It may still be necessary to change employee contracts to ensure the company survives.
For example, this could mean a lower salary or holiday entitlement. This is known as a ‘permitted variation’.
Conclusion
In conclusion, when a company goes into administration in the UK, the administrator is responsible for managing the company’s finances and assets in an effort to rescue the company and return it to solvency. If this is not possible, the administrator may decide to liquidate the company’s assets to pay off its debts.
The administrator does have the power to make changes to the terms of employment in an effort to improve the financial position of the company. It is important for employees to be aware of their rights and to seek advice if they have any concerns about their employment or pay during this time.
With over three decades of experience in the business and turnaround sector, Steve Jones is one of the founders of Business Insolvency Helpline. With specialist knowledge of Insolvency, Liquidations, Administration, Pre-packs, CVA, MVL, Restructuring Advice and Company investment.