no employers insurance! constructive dismisal

dandruff_2

Hi all


Posted in wrong forum oops


I need advice on a company that entered a voluntary adminisrtaion owing me £7000


quick background


I subcontracted to them in april 2012, this is where the 7000 debt is from


I was then offered a full time management position paying 50k per annum in june 2012 ,directly after the subcontract work.


After joining full time the company got hit by a bad debt of over £200,000! They kept trading until june 2013 then entered into a voluntary administration and started a new company the next day , i was tupe'd over into the new company although never received any written info from the old/new company or the receivers.


I was promised the payment of 7000 numeruous times whilst working for the company that went into administration but due to the financial pressure I agreed to wait as was earning my wage on paye so the 7k money wasn't urgent.


Upon the company going into administration I was promised ( more fool me) that I would be paid the 7000 from the new company, my 7000 (and a few other contractors , totalling around 20k) was never declared to the administrators , I believe (but not certain) this to be because the debt had to be below 100k for the new co to be allowed to start (final declared debt of the old company was 96k). I have numerous emails from the old company and new co, saying they will pay the outstanding 7k


Ive now left employment at the new co , as the relationship between myself and the director "broke down" due to me asking about the validity of their employers insurance ( ie they haven't had any for 6 months) I then resigned and left after giving them 10 days to show me a copy, which was never produced. The director has now said he wont pay me the 7k, and there's nothing I can do about it......."go whistle" were exact words lol


I had a quick browse of the insolvency act and it states that not declaring a known debt for the benefit of themselves is illegal and could be result in fine/improsement/both, but unsure if this relates to the receivers conduct or to the directors conduct. (from memory this is section 6a of the insolvency act)


I've also read that any undeclared debts become the personal liability of the director of the old company??? (but this was just from a google thread search with no back up evidence)


aslo I was forced to resign due to the no evidence of insurance, could this be classed as constructive dismissal for health and safety reasons?


If your still reading, thanks any help would be appreciated, or if I have grounds and any legal bod is willing to take on the case please let me know.


thanks

Kernel_Sanders

Even if dismissal was direct, would you have any entitlement in the first year ?
What exactly is 'tupe'd'?

dandruff_2

completely agree, I wouldn't believe it either. But its a material fact.


tupe is when a company takes over another company and employs all the old companies staff.

dandruff_2

would only have grounds in the first two years for various points. one of them points being a health and safety breach.

getmore4less

The issue is the debt is prior to appointment as an employee

Did you put a claim into the administrators, you should have done as you were a creditor.