Register as a Creditor – Proof of debt

A proof of debt form is the way to ensure you register as a creditor with a company in an insolvency situation; these are normally given to the administrator dealing with the company either in administration or being liquidated.

What to put on the Proof of Debt

If you are an employee who is being made redundant and you have not received everything your entitled to contractually it is well worth submitting a proof of debt form on the basis that if there is any money paid out to non-secured creditors you may get some of the money you’re owed (creditors follow an order of secured first, preferential second and then other non-secured creditors).

The form can be downloaded here and is fairly self-explanatory, each set of individual circumstances will differ, but you should include on it any outstanding contractual payments that you did not receive in full during the redundancy process. You should include any of these if applicable:-

• Redundancy pay, over & above statutory if you’re contractually entitled to it
• Notice Pay as per your contract less what you received
• Consultation pay for the period you’re entitled to that you did not receive
• Any other contractual pay you did not receive, e.g. car allowance pension, bonus
• A protective award if you’re consultation did not follow the legal requirements (it will be hard to fill in the detail for this, but you can amend it or remove it later based on a tribunal result)

Ensure you send the form to whoever is handling the insolvency process, you will normally have been given these details as part of the redundancy, if not look them up on their website. In order to guarantee that you can prove that you submitted this we recommend that you either email the proof of debt or send it recorded delivery.

We can provide help on calculating what to claim on the proof of debt form. We have built bespoke calculators for all types of redundancy payments including group redundancies

Notice pay and pay in lieu of notice (PILON)