Some employers will not be able to continue to pay 80% of salaries until the HMRC portal is up and running and reimbursement is received. They therefore have the option of:

Making the employees redundant although this will have its own associated costs
Putting the employees on unpaid leave until the scheme is up and running
Reaching an agreement with the affected employees that they will be furloughed now but that payment of their salaries will be deferred until reimbursement is received from HMRC

Yes , this involves consultation and a fair selection using a number of criteria.

Yes 2 years.

The employer must confirm the employee’s new status in writing. This is an eligibility requirement for accessing the subsidy and a record must be kept of this correspondence. Ideally, the employer should write to the employees and provide a short agreement which they both sign. We can provide a furlough agreement on request.

Serious misconduct eg theft , fighting , fraud, refusing to carry out an instruction.

Once you have decided to make staff reductions.

The scheme is open to all UK organisations who had created and shared a PAYE payroll scheme on 28th February and have a UK bank account. This means that public sector and local authorities employers are covered although the government expects the scheme will not be used by many public sector organisations as the majority of public sector employees are continuing to provide essential public services and because they are mainly funded by the government .

Yes, there are several ways a winding up petition can be stopped:

Paying the Debt: If the company settles the debt in full or reaches an agreement with the creditor before the court hearing, the petition can be withdrawn.
Challenging the Petition: If there are valid grounds to dispute the debt or if there were procedural errors in the petition's issuance, the company can challenge it in court.
Negotiating with Creditors: Sometimes, creditors might agree to a Company Voluntary Arrangement (CVA) or other repayment plans, leading to the petition's dismissal.

Once a winding up order has been granted by the court, reversing it becomes more challenging. It's crucial to act swiftly upon receiving a petition to explore these options.

For directors of limited companies, there's generally a distinction between personal and company assets. However, if directors have provided personal guarantees for company loans or if they're found guilty liable for misfeasance, wrongful or fraudulent trading, their personal assets might be at risk. It's essential to seek legal advice to understand potential liabilities and explore protective measures.

The duration of the winding up process can vary based on several factors, including the complexity of the case, the number of creditors involved, and any challenges or disputes that arise. Typically, once a winding up petition is presented, a court hearing is scheduled within 8-10 weeks. If the court grants the winding up order, the liquidation process can take several months to a few years, depending on the size and nature of the company's affairs.

Upon the issuance of a winding up order:

Company Assets: All assets, including properties, equipment, and receivables, are collected and sold by the appointed liquidator. The proceeds are used to repay creditors in a specific order set by insolvency laws.

Employees: Unfortunately, employees are often made redundant. They can claim unpaid wages, redundancy pay, and other entitlements from the National Insurance Fund. If the company is sold as a going concern, employees might be transferred to the new owner under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE).

You are insolvent if you cannot pay your debts as they fall due and/or your liabilities are greater than your assets.

While both relate to insolvency, they target different entities. A winding up petition is typically issued against a company or partnership, leading to its liquidation if successful. Bankruptcy, on the other hand, applies to individuals and sole traders.

We understand that you may well have not sought medical attention for your injuries, or have evidence of the same. We will put forward your case and detail the nature of the abuse you suffered, including any injuries. If you are claiming long term physical or mental injuries as a result of your abuse, we may need to obtain medical evidence to support the same.

The guidance we have presently is “No”. Whilst having as much evidence of your claim as possible, available would be advantageous, for those who do not wish to make a report to the police, this is currently not a requirement of the scheme. If you do wish to make a report, please report this to Avon and Somerset Constabulary, either online via their website, or by calling 101.

We understand that your time at Eastwood Park will have been many years ago, and therefore it may be difficult know the exact dates. With your consent, we will contact the Criminal Records Office and obtain your convictions history, which will evidence your detention at Eastwood Park.

Our injury specialists will make the claim on your behalf. The process is likely to be similar to other schemes which we have vast experience with. Please use our contact form below to get in touch with a member of our team. They will take some details of your time at Eastwood Park and will be able to tell you whether you are likely to be successful in claiming compensation.

Final figures are still under negotiation however we anticipate the awards to range between £3000 and £9,500.

As a firm, we operate on a No win, No fee basis. Meaning you only pay legal costs if you are awarded compensation.

We anticipate the Scheme will have provision for legal costs, therefore you will keep 100% of your compensation and we will not charge you anything. We will seek remuneration of our costs directly from the scheme.

Yes. The awards for the scheme are anticipated to reflect your time spent at Eastwood Park. We anticipate this to be in the following categories:

Period up to three months
Period over three months
Long term physical or mental injuries because of abuse sustained at Eastwood Park

Negotiations are also taking place in relation to whether awards will be available for racial abuse.

Until the scheme is published, it is difficult to advise, however we anticipate that you will make one claim, to cover the entire period of time spent at Eastwood Park.

We believe the scheme requirements will include direct application of force and therefore the scheme is unlikely to compensate those who witnessed abuse of others, or were made to live in a harsh environment. If however you sustained direct physical aggression or abuse, including sexual abuse or touching, you should be eligible for compensation.

Yes, if the person died after on or after 28th April 1953. The person who died must either be your spouse, civil partner, cohabiting partner or parent. There will be additional evidence to gather in support of an application, however our experts can advise you more on the process when we speak with you. Please call us on 0113 320 5000 to discuss this further.

The simple answer is, Yes. As the scheme is directed at Historical Abuse, it is accepted that these institutions may no longer be running today.