Company closing down and not paying employees

[Guest]

Hi
My employer has recently notified me and my colleagues that the company is bankrupt and that they will be formally applying to the companies house to strike it off the list. Myself and my colleagues have only been paid roughly 30% of our last wages and the director said the company has no more money to pay the rest. The director also said they will not be going through liquidation/administration but that the company also owes money to HMRC and that HMRC are the only ones who can press for liquidation/administration. Is there any chance we can get our outstanding wages in this situation? If yes, what should be our next steps?
Many thanks.

[ukcommando]

You can certainly object to a dissolution if the company has debtors of which you are one. If a company is insolvent, they have to go through the liquidation process, it is simply not true that only HMRC can press for liquidation. They should not be applying for dissolution as a way to avoid liquidation, the regulations actually state that the dissolution process can not be used in such cases, but companies House can be somewhat sloppy in application of the rules. Many companies try to dissolve on the quiet, as it helps shield directors from being held liable for mismanagement. You should definitely object. One point, the company are not "bankrupt" until officially designated as such, once their assets have been independently assessed against liabilities.
The bad news is that the workforce will have to take their chances alongside other creditors, but without formal liquidation process, you can't be sure if the bosses are being economical with the truth to protect their own pockets.