What rights does an employee have should the Secretary of State fail to pay the amounts claimed with regard to an insolvent employer?
An employee can make a claim to the Secretary of State in respect of outstanding debts owed by an insolvent employer. Should the Secretary of State fail to pay the amounts claimed, the affected employee may apply to an employment tribunal for a declaration on the matter. The time limit for such a claim is three months from the date on which the Secretary of State's decision was communicated to the employee. Should the complaint be upheld, the tribunal will make a declaration to that effect and will stipulate the amount of any such payment that it finds the Secretary of State ought to make.