How can an employee reclaim any money beyond the first £800 owed to them by an insolvent employer?
Where debts are outstanding to an employee on the insolvency of the employer, the employee becomes a "preferential creditor" in respect of remuneration payable for the four-month period immediately preceding the insolvency of the employer, up to a maximum of £800. Amounts over £800 (or amounts relating to periods longer than four months) rank as ordinary debt. If an insolvent employer's liquidated assets cannot satisfy every creditor's claim, employees' claims rank equally with those of other creditors and will be paid in equal proportion to other claims.
The Secretary of State will reimburse part or all of the money owed to employees out of the National Insurance Fund and then assume the role of preferred and ordinary creditor.