How to get LTD with little assets to pay employment tribunal award?

enkelt

I have been awarded around £2500 by the Employment Tribunal (owed wages). It's not yet pass the 42 days appeal, but I'm planning ahead for when the LTD does not pay.

I know I can get HCEO to go to the LTD registered address, but the director has only ever registered with an accountant, so likely just getting mails from them, and will have no assets on the premise.

What are some other steps to recover debt? I know which banks the LTD has a business bank account, so can I use third party debt order? 

The directors are sneaky, so I suspect they would have calculated everything and transferred all their money out of their business bank account. 

What's the most cost-efficient thing to really get the money into my pockets? I don't think the directors care about shaming or even closure of the company either! Are LTDs so powerful for committing fraud?

By the way, I do have contact info of the companies that trade and pay the LTD. Worst thing is I contact the companies about this situation, so they withhold pay or blacklist the LTD... but do companies typically care about working with a company that got an employment tribunal judgment?

Thanks!!

gm0

but do companies typically care about working with a company that got an employment tribunal judgment?

No

Undervalued

enkelt said:

I have been awarded around £2500 by the Employment Tribunal (owed wages). It's not yet pass the 42 days appeal, but I'm planning ahead for when the LTD does not pay.

I know I can get HCEO to go to the LTD registered address, but the director has only ever registered with an accountant, so likely just getting mails from them, and will have no assets on the premise.

What are some other steps to recover debt? I know which banks the LTD has a business bank account, so can I use third party debt order? 

The directors are sneaky, so I suspect they would have calculated everything and transferred all their money out of their business bank account. 

What's the most cost-efficient thing to really get the money into my pockets? I don't think the directors care about shaming or even closure of the company either! Are LTDs so powerful for committing fraud?

By the way, I do have contact info of the companies that trade and pay the LTD. Worst thing is I contact the companies about this situation, so they withhold pay or blacklist the LTD... but do companies typically care about working with a company that got an employment tribunal judgment?

Thanks!!

Whilst I sympathise with your position those who owe the company money have no legal right to withhold it on your behalf. Two wrongs don't make a right!

You can't do anything until your tribunal award becomes overdue for payment (if indeed it does). Unless the company is no longer trading c. £2500 is a relatively small amount. Why would they dissolve the company over this sort of amount unless it was going bust anyway?

Tucosalamanca

enkelt said:

By the way, I do have contact info of the companies that trade and pay the LTD. Worst thing is I contact the companies about this situation, so they withhold pay or blacklist the LTD... but do companies typically care about working with a company that got an employment tribunal judgment?

Thanks!!

Think carefully before contacting other companies.

Why would you assume that clients/suppliers will take your information onboard and act on it?

'Sorry company X, we're not paying you this month because you have an employee dispute' or 'you're blacklisted, we won't be giving you more work because you have an employee dispute' this is never going to happen.

If you're seen to be disruptive, or an ex-employee seeking retribution/revenge, rightly or wrongly, this is unlikely to play well for you.
People talk, people gossip. You might find that it harms future employment opportunities. The world can be a very small place.
Follow legal process and move on would be my advice.

enkelt

Right, not contacting other companies. But legal processes wise, do I just have to give up??

As far as I know this LTD is still scamming people to this day. They basically do not pay the last month of salary when someone quits. They recruit new people who don't know. They have scammed almost more than £30k by doing this routinely. They have pretty much 0 cashflow...

Context aside, are individuals like me pretty much helpless when it comes to LTDs?!  Are Third party debt order the last recourse? 

Devongardener

enkelt said:

Right, not contacting other companies. But legal processes wise, do I just have to give up??

As far as I know this LTD is still scamming people to this day. They basically do not pay the last month of salary when someone quits. They recruit new people who don't know. They have scammed almost more than £30k by doing this routinely. They have pretty much 0 cashflow...

Context aside, are individuals like me pretty much helpless when it comes to LTDs?!  Are Third party debt order the last recourse? 

What exactly is the ‘scam’?  If you’ve been awarded compensation by an employment tribunal what was it for?  The award can be enforced by the tribunal, have you notified them?

superbigal

https://www.gov.uk/employment-tribunals/if-you-win-your-case

enkelt

It's for owed wages, so that's the last month of wages and holiday pays that they owed me. You mean notify the company? How does the tribunal enforce the award?

Marcon

enkelt said:

It's for owed wages, so that's the last month of wages and holiday pays that they owed me. You mean notify the company? How does the tribunal enforce the award?

I think this post crossed with yours, and answers your questions if you follow the link given:

superbigal said:

https://www.gov.uk/employment-tribunals/if-you-win-your-case

enkelt

Thank you, I have read through all of that. My concern is that HCEO will not be able to find any assets as the registered company address is just the accountant's...

Marcon

enkelt said:

Thank you, I have read through all of that. My concern is that HCEO will not be able to find any assets as the registered company address is just the accountant's...

That's very often the case. Many companies use their accountant or other professional as the registered office, so it would be unusual to locate a company's assets there - that's not its purpose. A RO is the 'official point of contact' for want of a better description.