Employment tribunal

[MewMew101]

I’m taking my former employer to tribunal for unfair dismissal and a number of discrimination claims. The employer has not contested my claims, and has made no communication with the tribunal service at all. It’s highly likely that it’ll be ruled in my favour since they cannot defend my claims.

I’ve been doing some digging around and it appears that my former employer has created a new company, which he has been listed as a director. The company I’m bringing my claim against is still “active”, but I’m skeptical.

What are my options? Should I ask the tribunal to list this new company as a respondent too. I’ve already asked the tribunal to list my employer (the director) as an additional respondent, but I haven’t heard back yet.

You don't have a case against the new company. It is not liable for the old company's debts.

You were employed by the old company, not the director. You don't have a case against the director, although he may be ordered to pay if you win your claim for discrimination.

If you win but the director is not ordered to pay and the old company then ceases trading, you need to make sure that any administrator or liquidator is aware of the fact the company owes you money. However, in this scenario you may not get all the money awarded by the tribunal and could end up with nothing.

Sorry, but I'm afraid that is how limited companies work.

An Employment Tribunal award can be enforced through the County Court.

However, that's no good if the employer has ceased trading and there are no assets on which a Bailiff could levy or no bank account that can be subject to whatever Garnishee Proceedings are called now.

Thank you. Please don’t apologise, your response was very helpful.

Obviously, fingers crossed that the old company will remain active.

I really hope the tribunal will honour my request to list the director as a respondent to make him personally liable too!

Thank you!