Employment Tribunal Success but Enforcement Problems.

[Smoke me a kipper]

Hi there,

I have had an Employment Tribunal judgement in my favour due to my ex-employer failing to pay me for several months. When I received the judgement I was also informed that the limited company I used to work for had applied to Companies House to be dissolved and it was suggested that I should object to this in order that the judgement could still be enforced against the legal person. I did this and the dissolution was suspended, however the County Court Bailiffs have failed to enforce the judgement and the Bailiff Manager informs me that the District Judge has refused the Bailiff of the Court permission to force entry to the company's premises.

Does anyone here have any suggestions as to what further actions I might take?

Many thanks

Simon

[ostell]

Re: Employment Tribunal Success but Enforcement Problems.

Is the sum sufficient ( >£600 ?) to forward it upwards for the High Court Enforcement Agents to take action?

[DirtySmurf]

Re: Employment Tribunal Success but Enforcement Problems.

Is the sum sufficient ( >£600 ?) to forward it upwards for the High Court Enforcement Agents to take action?

I would think so based on the OP saying it was for several months of unpaid wages. Are High Court Enforcement allowed to break entry to commercial premises and remove goods ( I think they are based on what I have seen online and TV etc) which may be a better route for the OP if standard bailiffs cannot execute on commercial premises.

[teaboy2]

Re: Employment Tribunal Success but Enforcement Problems.

Yeah i would suggest applying for high court enforcement too, as hinted at by DirtySmurf.

[davec1960]

Re: Employment Tribunal Success but Enforcement Problems.

Before spending money on enforcement I would check that the company you won the judgement against is still trading.
You may have stopped the company being dissolved but it could now have no assets if they have been transferred to a new company.

[teaboy2]

Re: Employment Tribunal Success but Enforcement Problems.

Good point Davec1960

Though in most cases where they setup as a new company, its nothing but a change of name where they trade from same address using same assets. Those assets are only transferred to the new company if the new company made a financial purchase of the assets and have the reciepts to show. That is something that is commonly overlooked by directors that simply change the company name, so in a lot of cases the new companies are found to be trading with assets that are still in the eyes of the law owned by the previous company. As such those assets can be seized as its up to the new company to show they either have no connection to the previous company (impossible is director(s) is/are the same) and also show the assets had been purchased from previous company - Which is impossible to prove unless they have receipts and can prove transfer of money to previous company.