Your rights if your employer is insolvent

Claiming money owed to you

You can make a claim for money you’re owed if your employer has become insolvent.

What you can claim

The money will be paid to you by the government. It’s not guaranteed that you’ll get everything your employer owes you but you can claim for:

  • statutory notice pay
  • redundancy
  • up to 8 weeks’ wages, including a payment for a protective award if your employer has failed to consult collectively with staff
  • up to 6 weeks’ holiday pay
  • unpaid pension contributions - get in touch with the insolvency practitioner to claim this for you
  • a basic award for unfair dismissal

You can get up to £508 a week for each claim. For example, if you’ve claimed for redundancy and loss of notice you can get payments for both.

If you claimed before 6 April 2018, you’ll only get up to £489 a week.

Statutory notice pay

You can claim for statutory notice pay if:

  • you’ve worked your statutory notice period but not been paid by your employer - the Insolvency Service will write to you and tell you when to claim
  • you were dismissed without notice
  • you don’t work your full notice

If you get any other income during your notice period, the government will deduct this from your notice pay. This can include:

  • wages from another job
  • benefits you’re eligible for (like Jobseeker’s Allowance) even if you don’t claim them

You can’t claim for any notice that is over your statutory notice period.

Your statutory notice period (the minimum legal notice period your employer has to give you) is:

  • a week’s notice if you’ve been employed for between a month and 2 years
  • 2 weeks’ notice plus an extra week for each year you’ve worked if you’ve been employed for 2 years or more (this goes up to a maximum of 12 weeks)


You can claim statutory redundancy pay if you’re made redundant and if:

  • you’ve been continuously employed for 2 or more years
  • you apply in writing to your employer or an employment tribunal within 6 months of your job ending

You can calculate your statutory redundancy pay.

How to make a claim

You can claim online for:

You can get help making your claim online by using the help for claimants form or by contacting the Insolvency Service.

If you’re sick or becoming a parent

HM Revenue and Customs (HMRC) will pay you:

  • Statutory Sick Pay
  • Statutory Maternity Pay
  • Statutory Paternity Pay
  • Statutory Adoption Pay

If your employer’s insolvent and you’re having trouble getting these payments, call the Statutory Payment Disputes Team.

Statutory Payment Disputes Team
Telephone: 03000 560 630
Find out about call charges