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Employment Tribunal Success but no Payment

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Comments

  • Undervalued
    Undervalued Posts: 9,613 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Hoenir said:


    The HCEO have been door knocking on the Company Address which is also one Directors home, said home is now on the market.



    Your claim is against the Company. Not the Director personally. 

    If the company is in liquidation then likely to be insolvent. Your claim as a creditor will be added to the queue.
    Hoenir said:


    The HCEO have been door knocking on the Company Address which is also one Directors home, said home is now on the market.



    Your claim is against the Company. Not the Director personally. 

    If the company is in liquidation then likely to be insolvent. Your claim as a creditor will be added to the queue.
    The company isn't it liquidation, I rang the liquidators to confirm they can't as I put an objection in to companies house to the company being struck off.
    As I said in my earlier post, if you have evidence that the company is not in liquidation, you need to get that to the HCEO ASAP and (politely) tell them to get on with the job you have paid them to do!
    The company has no assets as the Directors withdrew all the funds into their personal accounts some time ago and sold off the Property. 
    They are overdue submitting accounts by 7 months.

    I am surprised there isn't more protection afforded to PAYE employees this is unscrupulous.
    There are some circumstances where director's doing that sort of thing can become personally liable, if they have breached their legal obligations as directors. However it is complex and would need specialist legal advice. Sadly probably not viable.

    There is an old saying "Never sue those who can't or won't pay".
  • Undervalued
    Undervalued Posts: 9,613 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Hoenir said:


    The HCEO have been door knocking on the Company Address which is also one Directors home, said home is now on the market.



    Your claim is against the Company. Not the Director personally. 

    If the company is in liquidation then likely to be insolvent. Your claim as a creditor will be added to the queue.
    Hoenir said:


    The HCEO have been door knocking on the Company Address which is also one Directors home, said home is now on the market.



    Your claim is against the Company. Not the Director personally. 

    If the company is in liquidation then likely to be insolvent. Your claim as a creditor will be added to the queue.
    The company isn't it liquidation, I rang the liquidators to confirm they can't as I put an objection in to companies house to the company being struck off.
    As I said in my earlier post, if you have evidence that the company is not in liquidation, you need to get that to the HCEO ASAP and (politely) tell them to get on with the job you have paid them to do!
    The company has no assets as the Directors withdrew all the funds into their personal accounts some time ago and sold off the Property
    They are overdue submitting accounts by 7 months.

    I am surprised there isn't more protection afforded to PAYE employees this is unscrupulous.
    Earlier you said it was"on the market". If it hasn't actually sold yet maybe you could get a charge on it?
  • It is on the market but others have confirmed I cannot apply a charge on a Directors property.
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