This is a whole mixed bag...

doodoot

Bit of background...

Myself and my husband have lodged an Employment Tribunal claim against our ex-employer for witholding final week's wages, holiday pay and in my case I didn't receive a written statement of work.

We've just received a letter from the court asking us to clarify who the respondent is so that a judgment can be enforced, either by looking at wage-slips or contracts - our wage-slips say the name of the pub, my husband's contract states a company name and it's signed by the landlord.

He lives in the pub, on the contract the company name is listed as being the same as the pub and the name of the pub is given as the location of the workplace.

After speaking to a bloodhound of a lady at the court, we're to send everything we have so that they can work out who the respondent should be.

Apparently our ex-boss hasn't replied within the time limit to our claims, and she said it's a cut and dried case.

Now here's the weird bit.

I've just had a look at the name of the company online at Company House, and it has a different address listed - it's showing as being our ex-boss's old accountant's address in the same street and town as the pub.

In addition, the company's status is showing as being 'active - proposal to strike off'....doesn't this mean that an application has been made to dissolve the company?

So the question is: if the contract says one thing, wage slips say another and Company House has a different address altogether how the hell are we to prove the pub landlord owes us money???

Jarndyce

You don't need to. You just need to show that you are owed money by your employer (which it sounds like you may have already done). The tribunal will sort out who the employer is.

doodoot

Thanks Jarndyce.

Yes we've been able to prove he owes us the money, but court aren't sure who they are chasing due to conflicting information - it is the landlord, the company he created or the pub?

The court advisor said that they have to have a definite name otherwise it can be contested.

We're also worried that he's going to do a runner either before or just after court issues its judgement.

He's known for his sneaky ways and we are convinced he's using the pub as a money laundering scam...someone who is losing £2-3000 per week and has been since February, yet is able to afford anything and everything and carries wads of cash must be up to something.

Does the court pay us and then chase him for money, or does it come from him?

Jarndyce

I'm not saying that he won't get away with it - from what you say he may well do. If the court decides it is the company that employed you then you may be scuppered if he has closed the company before the judgement is issued. You can object to the company being struck off though - it'll be on the Companies House website.