Taking a foreign employer to Small Claims Court

JD2018

Yes - It is the exact same name. Foreign business will often register a UK entity through companies house. Will have a read of that. This is what I found relevant. https://hsfnotes.com/litigation/2015/03/05/proceedings-can-be-served-at-uk-establishment-of-overseas-company-despite-claim-not-arising-from-that-establishment/

JD2018

JD2018 said:

Yes - It is the exact same name. Foreign business will often register a UK entity through companies house. Will have a read of that. This is what I found relevant. https://hsfnotes.com/litigation/2015/03/05/proceedings-can-be-served-at-uk-establishment-of-overseas-company-despite-claim-not-arising-from-that-establishment/

For further clarity. This is a Netherlands company that has registered a company with the same name in the UK with no assets. This was done for the sole reason of being able to claim to customers that they are a UK registered company. 

Marcon

JD2018 said:

JD2018 said:

Yes - It is the exact same name. Foreign business will often register a UK entity through companies house. Will have a read of that. This is what I found relevant. https://hsfnotes.com/litigation/2015/03/05/proceedings-can-be-served-at-uk-establishment-of-overseas-company-despite-claim-not-arising-from-that-establishment/

For further clarity. This is a Netherlands company that has registered a company with the same name in the UK with no assets. This was done for the sole reason of being able to claim to customers that they are a UK registered company. 

Your link relates only to service of proceedings, which I don't think, from what you've said, will help you much.

The companies are still two distinct legal entities unless they have the same company number/suffix - a Netherlands company is either a BV or NV, whereas a UK company with be either Ltd or PLC. Your contract of employment should(!) carry the full name of your former employer and that's the party against whom you need to proceed. It's possible that your contract might also give some particulars of the governing jurisdiction (i.e. 'this contract is governed by the laws of.....[country]').

Depending on the amount you hope to recover, it might be worth your while talking to a solicitor who has all the relevant facts, particularly in relation to the actual entity against whom you wish to claim and whether they have any accessible assets (and if not, whether you could 'encourage' them to pay up by taking action to wind up their company if they don't - but you are getting into choppier waters and extra costs).

JD2018

Marcon said:

JD2018 said:

JD2018 said:

Yes - It is the exact same name. Foreign business will often register a UK entity through companies house. Will have a read of that. This is what I found relevant. https://hsfnotes.com/litigation/2015/03/05/proceedings-can-be-served-at-uk-establishment-of-overseas-company-despite-claim-not-arising-from-that-establishment/

For further clarity. This is a Netherlands company that has registered a company with the same name in the UK with no assets. This was done for the sole reason of being able to claim to customers that they are a UK registered company. 

Your link relates only to service of proceedings, which I don't think, from what you've said, will help you much.

The companies are still two distinct legal entities unless they have the same company number/suffix - a Netherlands company is either a BV or NV, whereas a UK company with be either Ltd or PLC. Your contract of employment should(!) carry the full name of your former employer and that's the party against whom you need to proceed. It's possible that your contract might also give some particulars of the governing jurisdiction (i.e. 'this contract is governed by the laws of.....[country]').

Depending on the amount you hope to recover, it might be worth your while talking to a solicitor who has all the relevant facts, particularly in relation to the actual entity against whom you wish to claim and whether they have any accessible assets (and if not, whether you could 'encourage' them to pay up by taking action to wind up their company if they don't - but you are getting into choppier waters and extra costs).

Marcon said:

JD2018 said:

JD2018 said:

Yes - It is the exact same name. Foreign business will often register a UK entity through companies house. Will have a read of that. This is what I found relevant. https://hsfnotes.com/litigation/2015/03/05/proceedings-can-be-served-at-uk-establishment-of-overseas-company-despite-claim-not-arising-from-that-establishment/

For further clarity. This is a Netherlands company that has registered a company with the same name in the UK with no assets. This was done for the sole reason of being able to claim to customers that they are a UK registered company. 

Your link relates only to service of proceedings, which I don't think, from what you've said, will help you much.

The companies are still two distinct legal entities unless they have the same company number/suffix - a Netherlands company is either a BV or NV, whereas a UK company with be either Ltd or PLC. Your contract of employment should(!) carry the full name of your former employer and that's the party against whom you need to proceed. It's possible that your contract might also give some particulars of the governing jurisdiction (i.e. 'this contract is governed by the laws of.....[country]').

Depending on the amount you hope to recover, it might be worth your while talking to a solicitor who has all the relevant facts, particularly in relation to the actual entity against whom you wish to claim and whether they have any accessible assets (and if not, whether you could 'encourage' them to pay up by taking action to wind up their company if they don't - but you are getting into choppier waters and extra costs).

Employment contract is with the BV company. So yes, 2 separate legal entities for sure. 
The amount i'm looking to recover is just under £10,000 and I did get some legal advice before proceeding with this and was advised to go down this route before a Tribunal etc. 

Update: Literally as i'm writing this they have just requested an additional 14 days to respond to my claim. 

Undervalued

JD2018 said:

Marcon said:

JD2018 said:

JD2018 said:

Yes - It is the exact same name. Foreign business will often register a UK entity through companies house. Will have a read of that. This is what I found relevant. https://hsfnotes.com/litigation/2015/03/05/proceedings-can-be-served-at-uk-establishment-of-overseas-company-despite-claim-not-arising-from-that-establishment/

For further clarity. This is a Netherlands company that has registered a company with the same name in the UK with no assets. This was done for the sole reason of being able to claim to customers that they are a UK registered company. 

Your link relates only to service of proceedings, which I don't think, from what you've said, will help you much.

The companies are still two distinct legal entities unless they have the same company number/suffix - a Netherlands company is either a BV or NV, whereas a UK company with be either Ltd or PLC. Your contract of employment should(!) carry the full name of your former employer and that's the party against whom you need to proceed. It's possible that your contract might also give some particulars of the governing jurisdiction (i.e. 'this contract is governed by the laws of.....[country]').

Depending on the amount you hope to recover, it might be worth your while talking to a solicitor who has all the relevant facts, particularly in relation to the actual entity against whom you wish to claim and whether they have any accessible assets (and if not, whether you could 'encourage' them to pay up by taking action to wind up their company if they don't - but you are getting into choppier waters and extra costs).

Marcon said:

JD2018 said:

JD2018 said:

Yes - It is the exact same name. Foreign business will often register a UK entity through companies house. Will have a read of that. This is what I found relevant. https://hsfnotes.com/litigation/2015/03/05/proceedings-can-be-served-at-uk-establishment-of-overseas-company-despite-claim-not-arising-from-that-establishment/

For further clarity. This is a Netherlands company that has registered a company with the same name in the UK with no assets. This was done for the sole reason of being able to claim to customers that they are a UK registered company. 

Your link relates only to service of proceedings, which I don't think, from what you've said, will help you much.

The companies are still two distinct legal entities unless they have the same company number/suffix - a Netherlands company is either a BV or NV, whereas a UK company with be either Ltd or PLC. Your contract of employment should(!) carry the full name of your former employer and that's the party against whom you need to proceed. It's possible that your contract might also give some particulars of the governing jurisdiction (i.e. 'this contract is governed by the laws of.....[country]').

Depending on the amount you hope to recover, it might be worth your while talking to a solicitor who has all the relevant facts, particularly in relation to the actual entity against whom you wish to claim and whether they have any accessible assets (and if not, whether you could 'encourage' them to pay up by taking action to wind up their company if they don't - but you are getting into choppier waters and extra costs).

Employment contract is with the BV company. So yes, 2 separate legal entities for sure. 
The amount i'm looking to recover is just under £10,000 and I did get some legal advice before proceeding with this and was advised to go down this route before a Tribunal etc. 

Update: Literally as i'm writing this they have just requested an additional 14 days to respond to my claim. 

There are strict time limits for filing an Employment Tribunal claim (three months with very few exceptions).

JD2018

Undervalued said:

JD2018 said:

Marcon said:

JD2018 said:

JD2018 said:

Yes - It is the exact same name. Foreign business will often register a UK entity through companies house. Will have a read of that. This is what I found relevant. https://hsfnotes.com/litigation/2015/03/05/proceedings-can-be-served-at-uk-establishment-of-overseas-company-despite-claim-not-arising-from-that-establishment/

For further clarity. This is a Netherlands company that has registered a company with the same name in the UK with no assets. This was done for the sole reason of being able to claim to customers that they are a UK registered company. 

Your link relates only to service of proceedings, which I don't think, from what you've said, will help you much.

The companies are still two distinct legal entities unless they have the same company number/suffix - a Netherlands company is either a BV or NV, whereas a UK company with be either Ltd or PLC. Your contract of employment should(!) carry the full name of your former employer and that's the party against whom you need to proceed. It's possible that your contract might also give some particulars of the governing jurisdiction (i.e. 'this contract is governed by the laws of.....[country]').

Depending on the amount you hope to recover, it might be worth your while talking to a solicitor who has all the relevant facts, particularly in relation to the actual entity against whom you wish to claim and whether they have any accessible assets (and if not, whether you could 'encourage' them to pay up by taking action to wind up their company if they don't - but you are getting into choppier waters and extra costs).

Marcon said:

JD2018 said:

JD2018 said:

Yes - It is the exact same name. Foreign business will often register a UK entity through companies house. Will have a read of that. This is what I found relevant. https://hsfnotes.com/litigation/2015/03/05/proceedings-can-be-served-at-uk-establishment-of-overseas-company-despite-claim-not-arising-from-that-establishment/

For further clarity. This is a Netherlands company that has registered a company with the same name in the UK with no assets. This was done for the sole reason of being able to claim to customers that they are a UK registered company. 

Your link relates only to service of proceedings, which I don't think, from what you've said, will help you much.

The companies are still two distinct legal entities unless they have the same company number/suffix - a Netherlands company is either a BV or NV, whereas a UK company with be either Ltd or PLC. Your contract of employment should(!) carry the full name of your former employer and that's the party against whom you need to proceed. It's possible that your contract might also give some particulars of the governing jurisdiction (i.e. 'this contract is governed by the laws of.....[country]').

Depending on the amount you hope to recover, it might be worth your while talking to a solicitor who has all the relevant facts, particularly in relation to the actual entity against whom you wish to claim and whether they have any accessible assets (and if not, whether you could 'encourage' them to pay up by taking action to wind up their company if they don't - but you are getting into choppier waters and extra costs).

Employment contract is with the BV company. So yes, 2 separate legal entities for sure. 
The amount i'm looking to recover is just under £10,000 and I did get some legal advice before proceeding with this and was advised to go down this route before a Tribunal etc. 

Update: Literally as i'm writing this they have just requested an additional 14 days to respond to my claim. 

There are strict time limits for filing an Employment Tribunal claim (three months with very few exceptions).

No problem as it's only been 3 weeks. I am glad that the defendant has at least acknowledged the claim and requested an additional 14 Days. 

Undervalued

JD2018 said:

Undervalued said:

JD2018 said:

Marcon said:

JD2018 said:

JD2018 said:

Yes - It is the exact same name. Foreign business will often register a UK entity through companies house. Will have a read of that. This is what I found relevant. https://hsfnotes.com/litigation/2015/03/05/proceedings-can-be-served-at-uk-establishment-of-overseas-company-despite-claim-not-arising-from-that-establishment/

For further clarity. This is a Netherlands company that has registered a company with the same name in the UK with no assets. This was done for the sole reason of being able to claim to customers that they are a UK registered company. 

Your link relates only to service of proceedings, which I don't think, from what you've said, will help you much.

The companies are still two distinct legal entities unless they have the same company number/suffix - a Netherlands company is either a BV or NV, whereas a UK company with be either Ltd or PLC. Your contract of employment should(!) carry the full name of your former employer and that's the party against whom you need to proceed. It's possible that your contract might also give some particulars of the governing jurisdiction (i.e. 'this contract is governed by the laws of.....[country]').

Depending on the amount you hope to recover, it might be worth your while talking to a solicitor who has all the relevant facts, particularly in relation to the actual entity against whom you wish to claim and whether they have any accessible assets (and if not, whether you could 'encourage' them to pay up by taking action to wind up their company if they don't - but you are getting into choppier waters and extra costs).

Marcon said:

JD2018 said:

JD2018 said:

Yes - It is the exact same name. Foreign business will often register a UK entity through companies house. Will have a read of that. This is what I found relevant. https://hsfnotes.com/litigation/2015/03/05/proceedings-can-be-served-at-uk-establishment-of-overseas-company-despite-claim-not-arising-from-that-establishment/

For further clarity. This is a Netherlands company that has registered a company with the same name in the UK with no assets. This was done for the sole reason of being able to claim to customers that they are a UK registered company. 

Your link relates only to service of proceedings, which I don't think, from what you've said, will help you much.

The companies are still two distinct legal entities unless they have the same company number/suffix - a Netherlands company is either a BV or NV, whereas a UK company with be either Ltd or PLC. Your contract of employment should(!) carry the full name of your former employer and that's the party against whom you need to proceed. It's possible that your contract might also give some particulars of the governing jurisdiction (i.e. 'this contract is governed by the laws of.....[country]').

Depending on the amount you hope to recover, it might be worth your while talking to a solicitor who has all the relevant facts, particularly in relation to the actual entity against whom you wish to claim and whether they have any accessible assets (and if not, whether you could 'encourage' them to pay up by taking action to wind up their company if they don't - but you are getting into choppier waters and extra costs).

Employment contract is with the BV company. So yes, 2 separate legal entities for sure. 
The amount i'm looking to recover is just under £10,000 and I did get some legal advice before proceeding with this and was advised to go down this route before a Tribunal etc. 

Update: Literally as i'm writing this they have just requested an additional 14 days to respond to my claim. 

There are strict time limits for filing an Employment Tribunal claim (three months with very few exceptions).

No problem as it's only been 3 weeks. I am glad that the defendant has at least acknowledged the claim and requested an additional 14 Days. 

OK, that's good. Just don't let them string you along until it times out. Some lawyers are very good at that!