I wouldn't be so confident if I were the new owners, some employee rights are protected when transferring employment from an insolvent business to a new one that is effectively the same business, taking over existing intellectual property rather than
assets.
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[iIf your employer is insolvent and their business is being transferred or taken over by another company, your employment rights might be protected, depending on the type of insolvency proceeding. There are some differences to the protections offered during a normal
transfer.[/i
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Employees are entitled to make claims of the new business for any shortfalls in monies owed, if the National Insurance fund doesn't cover all that's
due.
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[iIf your ‘transferring employer’ (the employer you were originally employed by) is going through insolvency proceedings, you might be owed money by your transferring employer. The responsibility to pay you the full amount of the money owed does not transfer with your employment contract to your new
employer.
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Your new employer is only responsible for the amount left after you have been paid from the National Insurance Fund. You should be able to make a claim for part of it through the National Insurance Fund for:
salary
holiday pay (for days taken but not paid)
You cant claim redundancy pay or notice pay as your job has not
ended.[/i
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Remember this is civil law, so it could go either way depending upon the day and whether the judge believes this was actually a transfer or takeover of an insolvent business, as it wasn't liquidated at the time that could well be the
clincher.
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Whilst it appears obvious that the oldco is culpable, I think the status of the oldco at the time and the negotiations going on separately held by the RFL muddies the waters enough to see it going the players way - if I were the new owners or RFL, I'd be making provision to settle for
sure.
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I wonder where Nige and Ralph put that money they took for rugby debts!!!