Tribunal -- defendants

NewUserHere

I've made a concilliation claim to acas with a view of going to tribunal for unpaid wages.

The business is a partnership... so [mr A] & [mr B] own [abc business name]

On the phone the guy wanted to clarify whom the defendant was as I put "mr A & mr B T/A abc business name".
He gave some options and I decided to instead put three claims in but linked as one... to Me versus mr A; Me versus mr B; and me versus abc business name.

So how will a tribunal decide here...

My thoughts are if it was only against 'abc business name' I cannot pursue the owners individually and severally for the debt.... or they could say sell the partnership business to a limited company to avoid it.

So how does this work with basically 3 claims....

Thoughts...?

Thanks

sangie595

NewUserHere wrote: »

I've made a concilliation claim to acas with a view of going to tribunal for unpaid wages.

The business is a partnership... so [mr A] & [mr B] own [abc business name]

On the phone the guy wanted to clarify whom the defendant was as I put "mr A & mr B T/A abc business name".
He gave some options and I decided to instead put three claims in but linked as one... to Me versus mr A; Me versus mr B; and me versus abc business name.

So how will a tribunal decide here...

My thoughts are if it was only against 'abc business name' I cannot pursue the owners individually and severally for the debt.... or they could say sell the partnership business to a limited company to avoid it.

So how does this work with basically 3 claims....

Thoughts...?

Thanks

You don't have three claims - you have one linked claim against three parties; one of which, or all of which, would owe you the money, assuming that you win. If the business were converted into a limited company now you would still have a claim against the two owners and the business - limited liability only operates if the directors act responsibly (which means not knowingly illegally or negligently) and turning a company into a limited company to avoid legal action would be right up there with the "go straight to jail" card.

What you have been advised is to effectively say that you don't care which one of them gives you the money, they can sort that out amongst themselves because you just want the money.