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I, very naiively, paid a supplier for my boss using my own personal credit card in May 2019. On 23rd December 2019, after many months of chasing this money and being promised it 'next week', I again asked for the money to be repaid within 7 days.
On the 7th day (30th December) he sent me a whatsapp message saying as the company was not doing very well he was making me redundant with immediate effect.
I wrote to him to appeal the redundancy as it was unfair and did not follow any of the correct procedures. I have a 3 month notice period, have 10 days outstanding holidays etc.
I submitted a claim via Acas website on 6th January as I had heard nothing from him.
On 6th January, after I had submitted my ET1, he emailed to say he had changed his mind and instead was sacking me for gross misconduct. The reason for his 'gross misconduct' claim is not at all valid and has been manufactured by him, however he has not followed any correct procedures again. There was no independent hearing, no opportunity to defend myself etc.
I am having to do a new Acas claim and new ET1 as this is now automatic unfair dismissal on the grounds that I have asserted my statutory rights.
I am starting a civil claim in order to recover the money I lent him.
The fly in the ointment is that this man thinks he will not have to pay me anything awarded by any future tribunal if he changes his company name. I have seen on companies house that on the day he made me redundant he has already incorporated a new company with an almost identical name to the one I was employed by. The address is the same and he is named as the director.
My questions are as follows:
Should I get an ACAS certificate for each of his listed companies to ensure that whatever name he decides to use is covered by my action?
Should I just add all the company names to one claim?
Does the Companies Act 2006 Section 81 (3)apply where this is a ruse being used to avoid paying the company's debts? He owes thousands to me and to suppliers and has changed the company name before to avoid paying.
*This section, which replaces sections 28(6) and 32(5) in part and, in total, section 28(7) of the 1985 Act, provides that the new name is effective as soon as the altered certificate of incorporation is issued. It also provides that the change of name does not affect the company’s rights or obligations or legal proceedings by or against it in its previous name.
Any help or advice on this matter would be greatly appreciated. I have been to CAB a few times and they have been great but I think this question is probably beyond their scope of knowledge.
Many thanks CE
On the 7th day (30th December) he sent me a whatsapp message saying as the company was not doing very well he was making me redundant with immediate effect.
I wrote to him to appeal the redundancy as it was unfair and did not follow any of the correct procedures. I have a 3 month notice period, have 10 days outstanding holidays etc.
I submitted a claim via Acas website on 6th January as I had heard nothing from him.
On 6th January, after I had submitted my ET1, he emailed to say he had changed his mind and instead was sacking me for gross misconduct. The reason for his 'gross misconduct' claim is not at all valid and has been manufactured by him, however he has not followed any correct procedures again. There was no independent hearing, no opportunity to defend myself etc.
I am having to do a new Acas claim and new ET1 as this is now automatic unfair dismissal on the grounds that I have asserted my statutory rights.
I am starting a civil claim in order to recover the money I lent him.
The fly in the ointment is that this man thinks he will not have to pay me anything awarded by any future tribunal if he changes his company name. I have seen on companies house that on the day he made me redundant he has already incorporated a new company with an almost identical name to the one I was employed by. The address is the same and he is named as the director.
My questions are as follows:
Should I get an ACAS certificate for each of his listed companies to ensure that whatever name he decides to use is covered by my action?
Should I just add all the company names to one claim?
Does the Companies Act 2006 Section 81 (3)apply where this is a ruse being used to avoid paying the company's debts? He owes thousands to me and to suppliers and has changed the company name before to avoid paying.
*This section, which replaces sections 28(6) and 32(5) in part and, in total, section 28(7) of the 1985 Act, provides that the new name is effective as soon as the altered certificate of incorporation is issued. It also provides that the change of name does not affect the company’s rights or obligations or legal proceedings by or against it in its previous name.
Any help or advice on this matter would be greatly appreciated. I have been to CAB a few times and they have been great but I think this question is probably beyond their scope of knowledge.
Many thanks CE
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