Company trying the strike off at Companies House

[jumpfer]

Hi,
Any help would be greatly received.

I am in the process of legal action against at old employer through the Employment Tribunal. Getting my head around employment law, but the company have just tried another trick.

1) I worked for Company A and it is that company I am suing through Employment Tribunal.
2) A few months after my redundancy, Company A was purchased by Company B.
3) On looking on Companies House, I see that Company A have requested to be struck off using 2006 legislation.

I know it is a legal requirement for them to inform me that this is what they were doing. As they did not inform me they have committed S.1006(4) and S.1006(5) offences, but I am aware these are rarely followed up.

4) Could Company B take the assets and trading of Company A and leave an empty shell for creditors including I believe HMRC to pick over.

I worry I will get judgement over 100k, but for there to be no way for the company to pay me.

Can I go for the parent company or the directors? Surely if someone just moves assets and trading to another company and then strikes off the old company leaving creditors lost, anyone can do it. I could do it every year and not pay a single creditor for years.

What an absurd can of worms that I know very little about.

Regards
Mark

[flipflopphill]

You can oppose a striking off action. Google it.

In addition, this article implies that a company taking over another company might inherit existing / ongoing tribunal liabilities.


Read this:


http://www.shoosmiths.co.uk/client-r...ness-9121.aspx



Particular attention to this section:


"Details of any on-going or threatened legal proceedings by former or current employees, such as employment tribunal claims, also need to be fully disclosed so the purchaser can form a reasonably accurate assessment of the possible liabilities stemming from employment litigation which it will inherit. These can then be dealt with through indemnities or an adjustment to the purchase price."

If you phone legal specialists like these as a prospective customer, they might be willing to reveal valuable hints as to your position over the phone.