Job offer withdrawn - continued...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www.mumsnet.com/Talk/legal_matters/3651983-Job-Offer-withdrawn-after-informing-employer-that-I-am-pregnant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

she’s started ANOTHER new company on the 5th of October! I am honestly so angry. Seeing these as a right kick in the teeth. She has dissolved this company to avoid paying our, she didn’t show up to court so she could not understand exactly how she made me feel and how she has affected my life. I still am so over the moon about my win but I really do deserve the awarded money and I can’t believe she is doing this.

I thought there were laws about this and it had been clamped down on? Such as not being able to be a director again etc etc??

Try this: www.actionfraud.police.uk/a-z-of-fraud/phoenix-company-fraud Might be a good source of information.

I'd definitely be telling my story to the press and if nothing else giving her new business bad press. Good luck.

Wow she really has no morals.

Keep fighting! Civil claim?

Don't give up!

Sounds just typical, I expect there will be a long line of creditors. I wouldn’t hold your breath, for a pay out, sadly OP.

@Char1997 do you really need to ask?! Dish the dirt!!

do tell

Not sure if it has been mentioned, but there is a legal concept known as lifting the veil of incorporation. In limited circumstances, the court can decide that an individual is 'hiding' behind the limited liability of a company, and decide that they are personally liable for the debt.

You'd need to take specialist advice to see if it applies to your case, and the cost of the advice may outweigh the benefit. Worth looking into though.

Your first thread just popped into my head and i had to search it and then found this one.

Delighted you won but her? WHAT A SCUMBAG!!

Any update @Char1997?

I've been thinking about you too, OP. Any news on this despicable company?

Hey! @TVDFan @Neversleepingever

Absolutely nothing! Last I had any correspondence was the 19th of November where they basically told me there is no chance of me receiving any money.
I am really angry, they took down there website when they announced liquidation but then put it back up the EXACT same with one difference in there name. They dissolved that company and started a new one with the EXACT same name, same website everything!
Just disgusted how they have gotten away with it. So tempted to name and shame them but trying to plan the best way to do so!

Is there anything you can do OP ?

@Char1997 maybe just go to the news papers, they will love a good story! Absolutely terrible that these people get away with all of this! Congratulations on the birth of your child and of course you win! So deserved and you not only won for yourself but proved that anyone can do this and maybe given the push to others out there being fairly untreated!

You could try taking it to JVS at BBC 3 counties radio that deals with consumer problems. It's worth a shot and will only cost you about 5 mins of your time with a phonecall or email?

Do you think a local newspaper would pick it up?

www.realbusinessrescue.co.uk/articles/uk-company-law/understanding-phoenix-company-fraud-and-consequences-for-directors

Have a read of this, they seem to by very close to the edge of the law.

😡😡 It's appalling that they've been able to get away with this. Fingers crossed karma will come around!

Sorry for some reason I never got any notifications for these replies! I’m so frustrated that they’ve managed to worm their way out of if! I haven’t heard anything at all! The JVS is a good idea or a local newspaper - i’m tempted to google review them and name and shame them on LinkedIn but unsure how it would make me look?

As I posted earlier on this thread, what they have done (closing the business then re-opening under an almost identical name) is likely to be a breach of the Insolvency Act 1986 section 216 from the description you have given. If the directors are in breach that is a huge mistake as they have committed a criminal offence and it means they can be held personally liable for the debts of the original company. That would include the amount awarded to you by the tribunal. 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). Complain to the liquidator of the original company and refer this to the Insolvency Service.

@char1997

I've just read this thread and the previous one and I am disgusted that this kind of treatment against pregnant women still goes on.

Firstly, I want to congratulate you for giving birth to your baby girl and secondly, I want to congratulate you for having the strength and determination to take this case to court and win. Not only have you stood up for yourself, you have also stood up for all other women who have experienced similar appalling treatment during or after pregnancy and have shown that this type of behaviour will not be accepted and needs to stop.

One day you'll be able to tell your daughter what you did and if you're anything to go by, I'm sure she will grow up to be a strong and determined woman too. All the best x

@prh47bridge

As I posted earlier on this thread, what they have done (closing the business then re-opening under an almost identical name) is likely to be a breach of the Insolvency Act 1986 section 216 from the description you have given. If the directors are in breach that is a huge mistake as they have committed a criminal offence and it means they can be held personally liable for the debts of the original company. That would include the amount awarded to you by the tribunal. 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). Complain to the liquidator of the original company and refer this to the Insolvency Service.

@Char1997 Do the above OP - don't give up now, don't let them get away with it!