Employment Tribunal for Unpaid Wages

[ULA]

I doubt whether it will make is more complicated, many directors register home address at Companies House rather than using a business address or accountants.

[Gazer]

So, having not been paid unsurprisingly, having had zero contact unsurprisingly I've now instructed the HCEOs to take the case on soon to be heard in Oxford County Court for the writ to be issued.

[ULA]

Sorry to hear this is the route you have had to go to get your claim paid.

[Gazer]

Hi Ula,

Another twist is that I've just seen the Company address private residence is on the market.
The company have also received their first Notice to strike off on Companies House due to late filing of accounts, will I need to appeal against this when the notice is posted in the Gazette?

[ULA]

Please find link to information regarding objecting to a limited company being struck off:

https://www.gov.uk/object-to-a-limit...ing-struck-off

[Gazer]

Thanks ULA, I've objected to the company being struck off and this has been accepted and delayed until next year.

Am I permitted to put a charge on the registered business address as it's for sale currently? Also I've seen that if I report the non payment of the ET to the relevant Gov uk site they received a 50% of the value fine on top, only after a warning, is this a viable.option?

[ULA]

Yes you can report for non-payment and I have linked to the government site about doing this below;

https://www.gov.uk/government/public...ty-enforcement

As far as I am aware you would need to apply to the County Court or High Court, depending on the amount owed, for a Charging Order for which there is likely to be a fee for you to pay. However not my area of expertise about whether you can or how you go about doing this in detail.

[Gazer]

Further update.
The HCEO have reported that they don't expect to be able to claim any debt from the defendant director as the company is in the stages of liquidation, aI have previously had the company strike off suspended for 6 months after advising companies house that I am a creditor against the company with an ET judgement.

The Directors property has been put in the market.
Do I have any option to apply to the court to put my debt as a charge on the Directors property?

[ULA]

Sorry Gazer outside my area of expertise.

Tag atticus can you advise please?

[atticus]

If the Tribunal award is against the limited company you could well have reached the end of the road. You should notify the liquidator of your Tribunal judgement and your claim.

Sorry, but if your judgement is against the company, it cannot be enforced against the directors or their assets. That is the protection that limited liability gives.

Please let me know if I have misunderstood the situation.

[ULA]

Thank you atticus

[Gazer]

It's very frustrating and disappointing to see how two directors can deliberately withhold legitimate wages, not engage with the Employment Tribunal, not make a payment as awarded in Court and then just say they don't have anything and lie to HCEO that a company is in liquidation and finally hide behind the Limited company status, is this not a potential additional claim for negligence?

[Gazer]

Having affectively written off ever receiving my Award and not having the funds or desire to serve a winding up petition on the company, where do I stand in respect of HMRC and the fact that the Tax was paid to HMRC from my wages I never received? Will HMRC be able to refund me the Tax on this basis? I do submit a Self Assessment although predominantly PAYE.income.

[ULA]

Sorry I cannot answer your question, you may be best advised to contact HMRC and speak to someone.