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Job offer withdrawn - continued...

243 replies

Char1997 · 04/06/2020 09:53

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www.mumsnet.com/Talk/legal_matters/3651983-Job-Offer-withdrawn-after-informing-employer-that-I-am-pregnant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

OP posts:
prh47bridge · 12/09/2020 11:35

Have you named her personally as a respondent or just the company

She cannot be named as respondent. The company is the employer, not her personally.

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

No. TUPE deals with employees. It does not give a route for a non-employee to pursue a discrimination claim against the new business or get the new business to pay compensation awarded against the old business.

@Char1997 - one of the new companies has the same name but another word added on to the end of it which is SO annoying

That may be a breach of the Insolvency Act 1986 section 216. If the directors are in breach that is a huge mistake as it means they can be held personally liable for the debts of the original company. That would include any amount awarded by the tribunal in this case. You may also be able to argue that there has been a transaction at an undervalue (i.e. the assets of the original business have been sold to the new business for less than they were worth) and that the directors intended to defraud the creditors of the company (which would include you assuming you win your case). If they do wind up the existing company without paying, you should complain to the liquidator and refer the matter to the Insolvency Service.

Evalina · 12/09/2020 22:35

Some discrimination legislation does allow you to name individual managers or directors as respondents as well as the company. The company is vicariously liable, but if the company folds then the other named parties remain liable,

prh47bridge · 13/09/2020 09:00

Apologies - forgot the individual concerned is a director. Yes, it may have been possible to take action against her personally but unfortunately the OP is now out of time to do so.

BlueThistles · 13/09/2020 09:03

amazing advice on here, you posters are fantastic. Good luck OP 🌺

fourplusfour · 13/09/2020 23:20

Just found this update op. Following with interest. Good luck!

Scarydinosaurs · 13/09/2020 23:25

Good luck op I hope the advice above helps

billybagpuss · 02/10/2020 07:53

Good luck next week have a good weekend 💐

Brenna24 · 06/10/2020 17:08

Is your hearing still tomorrow? Good luck.

Char1997 · 06/10/2020 17:28

@billybagpuss thank you I really appreciate it!❤️
@Brenna24 yes still tomorrow but they’ve now changed it from 10am to 2pm.
Company has now confirmed insolvency but also listed their new company as the company they are going to move to so not sure if this then makes them liable?

OP posts:
WindsorBlues · 06/10/2020 18:02

Flowers good luck for tomorrow

notapizzaeater · 06/10/2020 18:18

Good luck tomorrow, is it a company public buy from? You could always do a daily mail sad story .....

ShalomToYouJackie · 07/10/2020 11:57

Good luck today!

billybagpuss · 07/10/2020 13:47

I’m on tenterhooks for you, hope all goes well, and hope the judge lays into them if their insolvency trick works 💐

BeachWishin · 07/10/2020 16:50

How has it gone @Char1997?

Char1997 · 07/10/2020 16:56

hello all,

She didn’t turn up, she sent the insolvency company instead so really really feel like i have absolutely no closure. I made my points and expressed my opinions but I had no one to “argue” with if you must. The judge has now got everything she wanted to know and said she will write up her decision and I will find out soon. Feel very very deflated if i’m honest. Couldn’t wait for this to all be over and it’s not even about the money for me but she didn’t even get to hear the arguments and she will feel absolutely no remorse or anything for what she has done.
Thank you to everyone who has been here on this journey with me and I will update as soon as I have the outcome.

OP posts:
elephantskiss · 07/10/2020 17:32

Sorry OP, that must be so frustrating. Hope the judge makes the right decision anyway.

Char1997 · 07/10/2020 17:34

@elephantskiss definitely is frustrating☹️ but thank you I hope so too

OP posts:
TerribleCustomerCervix · 07/10/2020 17:41

OP honestly the fact you’ll have caused her worry, sleepless nights and the hassle and administration involved with insolvency means you’ve already “won”.

You didn’t need her to be there. You were in the right, you didn’t go through this process for money. Think of your closure as her business having to go insolvent and the impact of that on her reputation.

Thank you on behalf of every working woman of childbearing age for being an absolute thorn in the side of this complete gobshite for so long!

Char1997 · 07/10/2020 17:51

@TerribleCustomerCervix ❤️❤️❤️❤️

OP posts:
billybagpuss · 07/10/2020 18:13

that is such an anticlimax for you, please feel proud that you’ve pursued it as it is so important and I’m sure you have caused her worry, and if she was young, pre children you may well mentally stay with her for a very long time.

Hopefully the judgement will be favourable if not profitable 💐

RWK29 · 07/10/2020 18:18

Have been following this although I haven’t posted before. Thank you so much for pursuing this OP! I’m sorry you didn’t get the closure you wanted today 😔 fingers crossed for you that the judge can sort something in your favour!

Springcatkin · 08/10/2020 20:16

@Char1997

one of the new companies has the same name but another word added on to the end of it which is SO annoying
If the old company is in CVL then she cannot use a substantially similar name for a new company unless she buys all the assets of the old co and jumps thro a few hoops. Tell the Insolvency Practitioner about the Newco. If she defaults she can be personally liable for the debts of Newco. Not much help to you but may stop her doing it again immediately. Also once you get your judgement you should be able to claim it from the Redundancy Payments Service - again ask the IP for details of how to claim. Good luck
Char1997 · 08/10/2020 21:07

@Springcatkin worst thing is the Insolvency company we’re SO rude on the call. Very unapproachable☹️

OP posts:
Brenna24 · 09/10/2020 08:34

I am sorry that you had to go through it all and then deal with a rude company at the end of it. I hope that the judge gives you better closure.

billybagpuss · 12/10/2020 07:45

Did they give you any idea how long it would be

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