Non TVR Advice needed
Discussion
I'm posting this just on the off chance, I will also post in general gassing and Speed Plod and The Law
I was made redundant October last year, following a few weeks of unpaid wages. I took legal advice and the upshot was that my case was taken to the Employment Tribunal, this resulted in a finding of unfair dismissal and failure to comply with the statutory grievance procedure. I was awarded a not inconsiderable sum in compensation. However my ex employer has totally ignored the whole proceedings. I have applied for and recieved an order for recovery of award, next step is an application to the court for judgement.
I'm looking for advice as to the best way of recovering the award. The company is still trading but parts of the same group have declared themselves insolvent. I'm not in a position to spend out in an attempt to recover my award.
Ideas gratefully recieved
I was made redundant October last year, following a few weeks of unpaid wages. I took legal advice and the upshot was that my case was taken to the Employment Tribunal, this resulted in a finding of unfair dismissal and failure to comply with the statutory grievance procedure. I was awarded a not inconsiderable sum in compensation. However my ex employer has totally ignored the whole proceedings. I have applied for and recieved an order for recovery of award, next step is an application to the court for judgement.
I'm looking for advice as to the best way of recovering the award. The company is still trading but parts of the same group have declared themselves insolvent. I'm not in a position to spend out in an attempt to recover my award.
Ideas gratefully recieved
I am assuming the company is limited, and that the award ruled in your favour is against the company and not the directors.
On the face of it I think you only have a problem if the company (or subsidury that you are in dispute with) folds. Once a limited company goes into liquidation the debtors are paid out proportionally. In other words, if they have assets of £10k and they owe £100k in total and of the £100k you are owed £10k, you will only get 10% of the assets because your debt is 10% of the total owed.
You are not defenceless though. Officially a company looses its "Limited" status when it trades knowing that it will go bust. If you can prove this then you can go after the directors personally, but this is difficult to prove.
I am not a lawyer but I am a little experienced in these matters. I think you need to speak to a business lawyer sooner rather than later. The sooner you start going after the directors the better.
Hope this helps, Steve.
On the face of it I think you only have a problem if the company (or subsidury that you are in dispute with) folds. Once a limited company goes into liquidation the debtors are paid out proportionally. In other words, if they have assets of £10k and they owe £100k in total and of the £100k you are owed £10k, you will only get 10% of the assets because your debt is 10% of the total owed.
You are not defenceless though. Officially a company looses its "Limited" status when it trades knowing that it will go bust. If you can prove this then you can go after the directors personally, but this is difficult to prove.
I am not a lawyer but I am a little experienced in these matters. I think you need to speak to a business lawyer sooner rather than later. The sooner you start going after the directors the better.
Hope this helps, Steve.
If you want to know information on the profitability of a company, directors home addresses etc go to:
http://wck2.companieshouse.gov.uk/0eaee7a0fac600e3...
Type in the company name and pay £1 for the company accounts and/or £1 for the "Current appointments record".
I have written directly to the home addresses when I have had no satisfaction from the company itself. I always get a better response when all the directors have had to sign for a recorded delivery letter sent to there home from an unhappy customer.
Steve
http://wck2.companieshouse.gov.uk/0eaee7a0fac600e3...
Type in the company name and pay £1 for the company accounts and/or £1 for the "Current appointments record".
I have written directly to the home addresses when I have had no satisfaction from the company itself. I always get a better response when all the directors have had to sign for a recorded delivery letter sent to there home from an unhappy customer.
Steve
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