Made Redundant, went to tribunal, won, ex boss wont pay and dissolved

Pleasehelplittleone

Made redundant unfair.
Ex boss tried to dissolve company, objection was granted.
Won tribunal in my favour.
Ex boss hasnt paid a penny.
Ex boss filed DS01 form (to dissolve before tribunal was heard in court) even though he did it when he knew he owed creditor, had case against him through tribunal which he had aknowledged (filing this form was an offence and he knowingly did so). Also ex boss caused another offence by not send a copy of the DS01 within 7 days of filing it (he never sent it at all) waited and waited!

Sent companies house all details of tribunal award to stop ex boss trying to dissolving again after original three months.
Received an alert to inform me that the dissolving was going ahead (no word from companies house).
Emailed companies house and they dissolved it any way !!!!!!

Sent claim form to Insolvency service they have had it since 2011. Still waiting!! Any contact with them goes ignored apart from an automated message. Case officer did not even send the reply slip they are meant to post back, contacted their office 8 weeks after sending claim was told it was rejected!! Never even had the decency to send me a rejection letter out! Was informed it was due to the tribunal award being worded incorrect and had to get a correction from them.
Received a rejection letter 4 weeks after my telephone call (10 weeks after claim put in)!!!!
Finaly received the correction from tribunal sent it to Insolvency with covering letter after I spoke to a different lady in the office at Insolvency and she said that was all I had to do to now release payment (again) requesting all originals back. 3 weeks and still no aknowledgement or replies from any of my emails.
Automated email telling me 80% get paid in 3 weeks 93% in 6 weeks..They have had my claim now for 14 weeks+!!! and no one will tell me what is going on!!

Oh and I will only receive a tiny amount of my award due to ex employer not being legally insolvent!! no holiday pay, notice pay never mind the unfair dismiss or loss of statutory rights and unlawfull deduction from wages!

PS. Ex employer is happily running the same business, same employees, same tools, same telephone number, in a slightly different name (but still uses the same abreviation as old) at a new address!!!
HELP!!!!
Any advice is good advice!

daffydukky

Sounds like a horrible mess - sorry to hear.

I would expect you would count as an unsecurred creditor of the company and would have the same rights as a supplier or similar who is owed money from the company you were employed by.... as the company is disolved there appears little opportunity to claim or recover anything

I am not aware of any central government relief fund but it may be worth checking just to be sure with the likes of ACAS and citizens advice.

In terms of your former employer running the same business under a different name this can be reported to the likes of Watch dog, HMR&C etc and if proven he can be struck off to act as a company director in the future, I am sure other options would also exist to demonstrate that he has used company formation, limited liability etc to disguise obligations and hide himself from paying legal obligations.

Whatever way this progresses I would expect you to have a fight on your hands so legal advice may be best, many solicitors offer a free 30 mins consultation to advise, some may offer a no win no fee arrangement but please be careful not to incur further costs before you sign anything

Best of luck

Pleasehelplittleone

Hi thanks for the reply,
Yes it is a mess, only wanted the redundancy and ex boss tried to pay me off with a payment before my contract ended, but it was not anywhere near what I was owed. He also refused me back to work in my notice period after 4 weeks sickness due to work related stress.
The RPO have messed me about since November about any payment I may be able to recover from them, still waiting.
I cannot even try and recover the rest of the award as they still have not even sent my originals back as requested.

Its one thing after another...over 12 months now and still financialy crippled with my young family.

:mad:

toddle2u

The real problem here is that because the company has not formally entered an insolvency process you are limited to what you can claim and who you can complain to. If it had been forced into Compulsory Liqudiation you could have claimed the full amount due to you (subject to statutory restrictions) as you would have been a preferred creditor for the majority of the money owed to you. Also you would have been able to ask the OR to investigate the Directors conduct and also ask him to bring an action under S216 of the Insolvency Act regarding the use of the previous (or similar) company name without leave of the Court. I beleive that CH were negligent in letting the strike-off go through when you had objected but I do not believe you would have any redress against CH for this. Your option is to have the company restored to the CH register and reverse the srtike off and then force the company into liquidation. However, this will cost £000's so I am guessing not really an option for you. You could ask CH to restore the company due to them letting the strike off go through when you had objected, complain to BIS about Directors conduct but ultimately to get any real result will cost you.