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Ex-employer hasn't paid wages following unpaid tribunal

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  • Ex-employer hasn't paid wages following unpaid tribunal

    Hi

    My ex-employer owes me over £11k following upheld employment tribunals for unpaid wages. However since the decision, they have not paid up and will not respond to any attempts at contact.
    Its clear the business is dead (the phone lines dont work, the emails bounce back and Companies House show they aren't fulfilling their obligations) but rather than wind it up, for some reason the director is doing nothing. I'm fairly sure he has no employees now but is refusing to take action because I imagine there are a lot of debts

    I have sent numerous messages and emails, hired recovery agents who got nowhere because the director didnt respond to them and did quite a terrible job ti be honest, sent a statutory demand which was ignored.

    Do I have any other options other than applying to wind the business up which I just can't afford?

    Thank you in advance, its a quite complex situation and I am happy to give more details if needed
    Tags: None

  • #2
    This suggests that you have obtained judgement against an entity that may not have the ability to pay.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      If the company is in financial difficulty then trying to pursue for payment may not be successful.

      Howeber you can contact a penalty officer who will issue a warning notice to let them know that they may have to pay a financial penalty to the government. This is in addition to the award you are owed. If the warning notice is ignored and payment is still not made the penalty officer may issue the respondent with a financial penalty.

      The service of the penalty officer is free of charge and is intended to encourage the employer to pay the award you are owed. With your consent, your employer could also be publicly named on GOV.UK for not paying your award within a reasonable time.

      You can notify the penalty officer by completing a penalty enforcement form

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

      If the award remains unpaid, you can still apply to the court to force them to pay.

      In England and Wales the enforcement route is through the county court, however you can use the Employment Tribunal Fast Track scheme to assist you. This scheme allows you to have a high court enforcement officer (HCEO) assigned to your case as soon as the respondent has failed to make the payment as directed by the Tribunal. Once appointed the HCEO will commence enforcement proceedings within the county court on your behal
      If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

      I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

      I do my best to provide good practical advice, however I do so without liability.
      If you have any doubts then do please seek professional legal advice.


      You can’t always stop the waves but you can learn to surf.

      You are braver than you believe, smarter than you think and stronger than you seem.



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