Non insovent employer won't pay up !!!!!

[sep1712]

My dh has been awarded an amount at the employment tribunal. The company isn't trading anymore, hasn't claimed insolvence but they don't have any assest's. There isn't any chance of them paying him at all. Does anyone know what we could do to make them pay?

[ditzzy]

If the company has declared solvency and formally ceased trading I assume this is with the intention of winding the company up?

It really depends on how much trouble he wants to cause! If he has been awarded an amount, then he can still claim it. If the company does not have the assets, then it must be declared insolvent and he will be a creditor that needs paying as part of the liqidation process. Even if the company has been wound up, I believe he can still claim against them for up to two years afterwards.

There's a name for the process of pulling a company back out of dormant status if new 'bills' crop up; but I've got a complete mind blank.... there's probably a website too... I might be back with something more useful in a bit!

Of course, none of this says he will actually get the money. If there are really no assets, then thats that - but a company can't really wind up with no assets at all (how would they pay the final accountancy bills and winding up fee etc?)

[sep1712]

The company has nothing but they won't go insovent.
Am I right in thinking that we can't make them?
If they arn't insovent the goverment (nif) won't pay either. Were rather stuck arn't we!!
From what i can find, its a huge loop hole that we are stuck in. Just our luck.

[ditzzy]

If they owe you more than £750 you can make them insolvent. Give me two minutes and I might be able to find a link on that one.

[ditzzy]

link I think this is what I was looking for, but I'll read back through and check

[sep1712]

Your a star, thanks so much

[ditzzy]

So my understanding of this is that if they owe you more than £750 then you just have to fill the form in and submit it and the courts will force liquidation. The company has no choice about whether to 'go insolvent' they are either solvent in which case they can pay you off, or insolvent in which case you get put on the list of creditors (or apply to the government - I've heard about that but haven't got a clue how it works.)

If they are claiming to be solvent while they owe you money they are fibbing . If they are admiting to being insolvent you can apply to the government! I reckon anyway.

[ditzzy]

cross-posts, I'd have put loads more grins on for being called a star



Good luck!

[sep1712]

Thank you. There might be some light at the end of the tunnel. Hopefully we might be able to pay the debts off!!!

I'll let you know.

[sep1712]

[sep1712]

bump, just incase anyone else has been through this and knows anymore.

[stuy2j]

im going to tribunal on the 8th april and am in the same boat, company owes me 3 weeks pay for redundancy as i worked for them for 3 & 1/2 years they also owe me 3 weeks notice pay as they let all us all go without notice, and 9 days unused holiday pay, totaling over £4K they are not insolvent and they also have assets including vans/cars plus equipment worth thousands of pounds. but i dont know how i can prove this to the tribunal or if they will even ask for this information. Can anyone help with this?