Won employment tribunal - company now insolvent

[Recki40]

I won a fair amount at my employment hearing. The horrible employer has now made the company insolvent voluntarily and is trading as another company now with no changes for him other than a few bits of admin.

Is there anything i can do?

Go after the new company? Him personally? Its all ltd companies so i know he isn't personally liable.

There has to be something, if people can do this whats the point in going through the whole process of the tribunal!!

Had an insolvency practitioner been appointed? We're you recognised as a creditor?

What is the point indeed? This is common, and people rarely get a penny. Assuming these are both limited companies, you can't go after him, not the new company. There a bloke round here I know had done this SIX times.

Nothing you can do I'm afraid

Depends on what you mean by insolvent- I'm assuming you mean dissolved as opposed to liquidated (as that's certainly not an easy or cheap process).

Depending on the amount, you can apply to have the Company forcibly restored I believe but it's a gamble for you as it costs. Worth checking out though.

It's extremely difficult to do and can cost £5k+, win or lose. And even if it is restored, it doesn't mean that the company assets are returned - that would then become a whole extra layer of court cases. Assuming there are assets to return anyway. It is, unfortunately, entirely legal to sell a companies assets to another company - even if it is a company with the same director(s). Even if the original employer wasn't dissolved, it is easy to sell on assets to a second company leaving an effectively dormant company with no assets to claim against for enforcement purposes. Unfortunately the record suggest that even where companies simply can't / won't pay and still exist, enforcement (which comes at a cost to the claimant) still rarely recovers the award.