advice- dissolved company employment tribunal

funnyman11

Hi, I am after some advice. A friend of mine who is an ex employee wants to bring an employment tribunal against her old employer of hers for sexual harassment. She is confident she can win.

However the company (it is a ltd company) is apparently being dissolved, and a 'new company' will take over the business. The 'new company' wont have the same directors but their wives as the directors.

My question is if my friend wins her tribunal how does she get the money?
Thanks

Googlewhacker

With difficulty I'm afraid as the liability is against the old company and nothing to do with the new company even though its effectively the same people running it

SarEl

She probably won't. There is a very strong chance that if she has just heard this the company will be dissolved before she even brings her tribunal case. No respondent, no case. It is possible to object to a dissolution, but I am fairly sure that this would not be agreed unless she had already won an award.

funnyman11

Thank you for your advice. It was as I suspected. Would the outcome be different if the same directors restarted a new company?

SarEl

No. The company is the legal entity, not the people.

Jarndyce

Is there any way that the case could be brought against any individual managers or directors? What was the nature of the harassment? How long is it since the last act took place?