Court award for Unpaid wages

PizzaFairy

What's the next step to get my award enforced? The respondent ( still trading) has switched to a virtual office (registered in the UK) and the director - who's also the only employee is travelling or left the country. My award ( minus interest was around 3k ). I need someone who can give me an honest advice on how and if its worth proceeding with this. Has anyone been in a similar situation before? Thanks in advance!

GothicStirling

Small claims court I would imagine. If they don't pay up, then the court will send baliffs.

Takeaway_Addict

GothicStirling wrote: »

Small claims court I would imagine. If they don't pay up, then the court will send baliffs.

Small claims court even though they already have an award? I'd have thought they could go straight to bailiffs.

OP- Do you realistically think you will get this money or is bailiffs good money after bad?

TELLIT01

At what court was the original award made? It may make a difference to the way forward.

PizzaFairy

I don't want to use a bailiff simply because the company doesn't have an office premisses, they only use a virtual office ( postbox).

PizzaFairy

It was a court in Manchester

Guest101

Bailiffs enforce judgments.


if you don't use a bailiff, you wont get enforcement, its as simple as that.


The company may have assets outside of the PO Box (a vehicle for example) and the bailiffs would seize that

PizzaFairy

Guest101 wrote: »

Bailiffs enforce judgments.


if you don't use a bailiff, you wont get enforcement, its as simple as that.


The company may have assets outside of the PO Box (a vehicle for example) and the bailiffs would seize that

I understand that.The company doesn't have any assets outside the PO box. My question is: considering the above, is it worth pursuing it? Will the officers stop there or can they close the company, have the director disqualified etc? Or is that a different form to fill, more money and hope to spend on this issue?

Guest101

PizzaFairy wrote: »

I understand that.The company doesn't have any assets outside the PO box. My question is: considering the above, is it worth pursuing it? Will the officers stop there or can they close the company, have the director disqualified etc? Or is that a different form to fill, more money and hope to spend on this issue?

As a creditor you can petition the court for a winding up order.


Yes it will cost you more.

sangie595

Guest101 wrote: »

As a creditor you can petition the court for a winding up order.


Yes it will cost you more.

In fact it will cost you an awful lot more as I understand it. Someone I work with took advice in this and the solicitor was quoting in the £000's - and it still wouldn't get you money that doesn't exist.

From what you say, this is a limited company, so the whereabouts of the director is not relevant. He doesn't owe you the money, only the company does. And the company appears not to have assets. So there will be no payment. That is the long and the short of it, and you would be wasting money and time on something that will never happen. And the chances of the director being disqualified are low.

If you got the judgement through an employment tribunal, there is a process by which you can ask the tribunal to refer this to the Redundancy Payments Service (who don't just deal with redundancy) and you may get some or all of the money (depending on what it is that was owed) from them. If it was another court, then I am afraid you are out of options - no other court can refer to the RPS.

PizzaFairy

sangie595 wrote: »

If you got the judgement through an employment tribunal, there is a process by which you can ask the tribunal to refer this to the Redundancy Payments Service (who don't just deal with redundancy) and you may get some or all of the money (depending on what it is that was owed) from them. If it was another court, then I am afraid you are out of options - no other court can refer to the RPS.

I understand this, But in order to get to the RPS the company needs to be insolvent right?Meaning I need to go through the bailiff route then get the company involved myself, then go to the RPS ?