Job offer withdrawn - continued...

[Char1997]

Hi, new thread started. I probably won’t have an update for a little while but just here just in case!

www.mumsnet.com/Talk/legal_matters/3651983-Job-Offer-withdrawn-after-informing-employer-that-I-am-pregnant

I believe I have linked the original thread here...

Good luck!

The job I am in now I found out I was pregnant after I had applied so very early days. I told them after I was offered the job. They have been nothing but kind and helpful to me throughout, I’ve been back two years and I work extremely hard for them with no plans to leave.

Just popping on to wish you luck this week,

Good luck on Friday OP. I've been following you from the start (different usernames) and I'm so proud that you stuck up for yourself and us women 🙌😁 Best of luck

Good luck OP

@billybagpuss @BeachWishin @BlueThistles thank you all very much for wishing me luck.
The employment judge came on and said they couldn’t offer judicial mediation as she has informed them THIS morning that they are seeking creditors voluntary insolvency.
I had a strong feeling that this would happen. The judge did inform me that it still will be going to court on the 7th of October and that if I do win I will become a creditor to the company and they will have to somehow sort it. Or there is the option for a state settlement i believe her said. She looked incredibly smug on the video call and she said felt very strongly that she had done nothing wrong. PLUS she still doesn’t have legal advice. Cannot wait for this to all be over.
Thank you to everyone that has stayed and supported, I appreciate you all!

Smug 😱 she should be ashamed at how she has treated you OP. Just awful.

Wow, I guess smug as if they go into insolvency they will end up not paying you a penny.

Whatever the outcome, and I’d be astounded if it doesn’t come out in your favour, you should be very proud of pursuing it, it would have been so easy to just let it drop but people making a stand like this things will change.

And seriously, still not taken legal advice, that’s insane🙄

I have NC’ed since the last thread but remember this. Hope everything goes ok.

Why so smug when they’re about to become insolvent

I think i’ve just found something. Was innocently looking at the company on company house and clicking through and clicked on one of their names and turns out they’ve started TWO new companies FIVE months ago. This is screaming to me that they are making this company insolvent purely to get away with what they have done to me. There is also another director who I never knew there was and has never been mentioned.

@Char1997

I think i’ve just found something. Was innocently looking at the company on company house and clicking through and clicked on one of their names and turns out they’ve started TWO new companies FIVE months ago. This is screaming to me that they are making this company insolvent purely to get away with what they have done to me. There is also another director who I never knew there was and has never been mentioned.

Unfortunately, I suspect you may be correct here. Don't lose hope though - you've come so far.

Wow again, I’d speak to your legal advisor on that one 😳😳

But on the plus side if that is the case, it kinda acknowledges that they know legally they’re in the wrong.

my god how is this not resolved yet!!

wow OP you are amazing for fighting this! from women everywhere!

my god how is this not resolved yet!!

wow OP you are amazing for fighting this! from women everywhere!

This is dragging on so long OP!

Definitely raise this with a solicitor. There are rules around what you can call a new company and how assets etc are valued if they are transferred to the new company.

Additionally employees can be entitled to TUPE to the new company and there may be potential to use this to get the judgement against the new companies. TUPE is complex so get advice from an expert if you can.

@Margaritatime thank you! I’ve spoken to my legal aid advisor but I think i’m going to try and speak to someone else as well. I read that I can also report them to the insolvency company for it to be investigated properly so that could be a next step!

I’m glad @Margaritatime was able to add this, I felt it was wrong but sure there were protections that had to be in place, you surely can’t just start another company to prevent being sued.

@billybagpuss well apparently it’s a very common thing and called phoenixing and a lot of companies end up getting out of paying employment tribunal costs this way☹️and there’s nothing illegal about it :(

to be honest i’m more bothered about how smug she was rather than the money. She’ll dissolve this company to go to her new ones and she won’t learn a thing and probably go on to treat many other people this way.

I was just going to say the same. You see this sort of thing (closing one company and opening a very similar one, in order to escape debt) all the time on programs like Rouge Traders and Watchdog. I don't think it's illegal, more a loophole.

Have you named her personally as a respondent or just the company? I suspect if you haven't you now can't, but it would be worth checking. If you have and the judge finds against her personally as well as the company then she can be jointly and severally liable for payment of compensation.

For anyone reading this at the start of the similar process and pursuing a discrimination claim, always look at whether suing individual managers or directors makes sense.

@Evalina yes unfortunately the respondent is the company and she’s the “for the respondent” ☹️

one of the new companies has the same name but another word added on to the end of it which is SO annoying

Definitely report to insolvency company.
One of the things she will have to do is make sure every asset is transferred properly to the new company. Anything left in the original companies name can be sold to pay creditors.