Unfair Dismissal Tribunal
Comments
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It is really rude when people have the courtesy to try to help you and ask you questions that will help them do so, but you then go on to make assumptions about them and ignore the questions - and then go on to thank ONLY one person because you think that only their input had any value. You don't always get what you want, and you certainly don't get anything if you won't help people to help you.
With respect, revisit the tone of your comments on your first response, you could have asked the same relevant questions without the facetious and snarky comments. If you want to help someone there is absolutely no need to ensure you have a dig at them at the same time.Bought, not Brought0 -
With respect, if you have something to contribute to the subject, then do so. If not, then how I post is my business, not yours. If the OP does not want to tell the whole story, and if they omit significant facts, then they cannot then expect to get accurate advice.With respect, revisit the tone of your comments on your first response, you could have asked the same relevant questions without the facetious and snarky comments. If you want to help someone there is absolutely no need to ensure you have a dig at them at the same time.0 -
With respect, if you have something to contribute to the subject, then do so. If not, then how I post is my business, not yours. If the OP does not want to tell the whole story, and if they omit significant facts, then they cannot then expect to get accurate advice.
They can expect replies to be courteous however. It was meant as genuine constructive feedback, you seemed annoyed that you didn't get the thanks you thought you deserved but as an outside reader it was pretty obvious why that was.Bought, not Brought0 -
Hi there
This is my first post and I'm seeking advice on the non payment of the Tribunal Award for unfair dismissal.
My employer, Zenith Staybrite Ltd & Entu Plc, have held up paying the money which was awarded on June 23rd 2017.
They asked the judge if the Tribunal fee they were ordered to pay me be deducted as since then the Supreme Court has ruled that I can, when available apply for a refund. The Tribunal has taken around 8 weeks and counting to answer this simple question and since then Entu Plc (held as second respondents in the event Zenith Staybrite doesn't pay) has since advised of their intention to go into administration. Entu Plc are the holding company of Zenith Staybrite among others, and there hasn't been any announcement re Zenith Staybrite the first respondents.
My questions are:
How likely is it that I will get my Award now?
If the assets are sold, are they required to pay ?
Is the new owner liable?
My solicitor, who's on holiday, submitted a judgement order stating the intention to apply winding up on both companies if payment isn't received.
Any advice would be very welcome
Thanks in advance:mad:0 -
Unfortunately, this isn't going to be easy. Some aspects of the awards can be picked up by the Redundancy Payments Service - but only after you have exhausted attempts to reclaim the money from the employer. Which itself will cost you money. And it may require a further order from the tribunal. You are, at this stage, only creditor. In insolvency you get no preferential treatment, and if you get anything it will probably be a fraction of the debt owed. Any existing employees will get preferential treatment and paid before other creditors.
It is unlikely that the new owner, if there is one, would agree to a purchase if they are liable for part debts, so no, it is not likely they would pay you.
Who did your solicitor think was going to pay the fees to apply to wind up the companies? It is not cheap, and if you apply you will pay those costs. That would actually be doing them a favor - if you pay to instigate winding up the company you won't get the money they owe you, but you pay for them to enter insovency!0 -
Thank you.
My insurance company are supporting claim so hopefully they will fund any continuing fees etc
The first respondents are not in administration so presumably the debt is with them and the holding company only come into play if they don't pay?? If they are hoping to continue trading, the first respondents, it will be advisable to pay...?
If they don't, I will apply for winding up both companies as the bailiff can commence collecting. If they're unsuccessful I was under the impression that a tribunal judgement is classified as preferred creditors along with HMRC and is secured on assets as otherwise bailiffs would not have the right to collect assets etc??0 -
I don't think so. My understanding, and what has always been the case in any tribunal findings I've been involved with (most of my employers wouldn't be insolvent ever) is that it is only existing employees and former employees where the case involves a failure to consult (redundancy) which are preferential debts. HMRC are not preferential creditors either. Others are unsecured, and very low on the priorities, and HMRC is one of these. I think you may be operating from some old law - the used to be once upon a time, but haven't been since 2003.
The liquidators for the holding company will take control of the subsidiary. If the subsidiary can be sold to realise assets, then it may be. But equally, it may then follow into liquidation. So it is not quite as simple as you think in terms of the payment of the debt. If they holding company have operated as many do, they have already extracted all assets from the subsidiary.
And your insurance company may be unwilling to proceed to a winding up order if there is little prospect of them ever seeing their money back. The costs are between £400 and £800 to issue a claim, plus a filing fee of £280, and £1,600 court fees. That's before your solicitors costs. That is a lot of money to pay out to put a company in a position where it is unlikely to be able to pay out anything! So unless this subsidiary is worth a lot of money, then they may cut their losses now. Legal action is always based on the probability of a successful outcome, and the probability here is low.0 -
Thank you very much.
Really appreciate your advice
Regards0 -
Your are welcome. Sorry it wasn't more positive, but in my experience, once the award is uncollected there is a rapidly diminishing chance of seeing the money. You have some advantage in that you have a tribunal award, so the RPS may pay something, but you'd have to decide how far to go to get that. It is far too easy for employers to get away with not paying up.Thank you very much.
Really appreciate your advice
Regards0 -
Can you not start threads? Odd that you jumped onto someone elses.0
This discussion has been closed.
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