WW REALISATION 1 LIMITED (IN
LIQUIDATION) (FORMERLY WOOLWORTHS PLC) (the company) - company
number 00104206.
Information for former
employees of the company following the Employment Tribunal decision
of 19 January 2012 in the case of USDAW, Unite the Union and
another and the company and another, Case number 3201156/2010 and
others.
Please read this
information.
What's happened and
why has it happened?
Following the company having
stopped trading and entering into insolvency proceedings
(administration), USDAW, Unite the Union and others brought a claim
to the Employment Tribunal for a protective award following a
failure to consult in advance of redundancies.
The Employment Tribunal has
decided that certain former employees are entitled to receive a
protective award.
As the company is insolvent
, it is unable to meet the terms of the award. The Redundancy
Payments Service of The Insolvency Service is arranging for the
award to be paid, within limits.
Why am I
involved?
You are involved because, as
a former employee of the company, you may be entitled to receive a
payment following the Employment Tribunal's decision.
What are the
consequences for me/benefits to me?
You may be entitled to
receive a sum of money from the Redundancy Payments Service from
the National Insurance Fund. You may also be entitled to claim the
balance of the award in the company's liquidation (but this will
not be paid to you as the company's assets are not sufficient).
What do I have to
do?
If, after the company
entered into administration in November 2008, you submitted a form
RP1 claiming redundancy and/or arrears of wages and/or holiday pay
and/or pay in lieu of notice, you will soon receive a separate
claim form, called PA-plus, to claim your protective award. You
should complete the form and return it with as much of the
requested information as you can provide.
If, after the administration
of the company, you did not submit a form RP1, you should contact
The Insolvency Service for further information (see paragraph
headed 'Further information').
How much am I likely
to receive?
The maximum amount of money
you will be entitled to receive from the Redundancy Payments
Service is up to 8 weeks' wages, which are limited to £400 a week
if they were higher than this amount, a total potential maximum
payment of £3,200. The final payment may be subject to deductions
of income tax and national insurance contributions and reductions
if you received Jobseeker's Allowance and other benefits.
Although there may be
similarities between individuals' entitlements, each claim has to
be looked at separately to ensure that the correct payment is
made.
You will be provided with
full details of the payment being made, including deductions.
Why will I not
receive the full amount?
The Redundancy Payments
Service operates what is, in effect, a guarantee scheme for monies
owed to employees when their employers enter into insolvency
proceedings. The scheme has limits. Amounts owed beyond the limits
can be claimed in the liquidation.
How long will it
take for me to receive a payment?
This is dependant upon a
number of factors but we would expect to begin making payments
towards the end of February 2012. Usually, payments are made within
three to six weeks of receiving a fully completed claim form.
Why can't my claim
be paid now?
The Redundancy Payments
Service has to consider the decision of the Employment Tribunal.
Each claim has to be considered individually.
It is likely that as many as
27,000 former employees of the company will claim, making this the
largest single case on which claims for a protected award have been
handled by the Redundancy Payments Service. Additional resources
have been obtained to enable the claims to be considered as quickly
as possible.
What about the
balance of my claim?
You can submit a claim,
known as a proof of debt, for the balance of your claim to the
liquidators of the company but, in practice, you will not receive
any further money. We understand that the funds available in the
liquidation are not sufficient to enable any further payments to be
made to former employees. Should this position change, you will be
notified by the liquidators.
Which former
employees have been excluded from receiving a protective
award?
The Employment Tribunal
decided that any former employee of the company who was employed at
a store where there were fewer than 20 employees is not entitled to
an award. A list of those stores will be published on our website
(see paragraph headed 'Further information').
If you are an 'excluded
former employee' and you make a claim which cannot be accepted,
this will be explained to you in a letter from the Redundancy
Payments Service.
Are there any
special circumstances or exceptions of which I need to be
aware?
Claiming on behalf
of a former employee.
A claim may be made on
behalf of a former employee who has since died or who is incapable
of managing their own affairs. In such circumstances, the person
making the claim must supply evidence of their connection with the
former employee. This may take the form of a copy of the grant of
probate, letters of administration, in Scotland confirmation or
certificate of confirmation or a court order.
Changes of name,
address or bank account.
If you have changed your
name, address or bank account since submitting a claim form RP1,
you should contact The Insolvency Service (see paragraph headed
'Further information').
Bankruptcy.
If you are bankrupt,
referred to as sequestration in Scotland, or are subject to any
other form of personal insolvency proceeding, you should contact
the person dealing with your insolvency before submitting your
claim.
Further information
(including RP1 forms).
If you require further
information, including a form RP1 to complete, you should contact
The Insolvency Service's Insolvency Enquiry Line on 0845 602 9848
(from 8 a.m. to 5 p.m. on the usual work days) or by e-mail
to wpa@insolvency.gsi.gov.uk.
Information will also be
published on our website -www.bis.gov.uk/insolvency.
The Insolvency
Service - January 2012