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HI I have today had high court bailiffs at my door, and had to pay them over £3500 so that they didn't not remove items from my business, please can someone advise me on the below
An ex employee who worked for my business as a general manager and was employed to help me set up and ready the new business for opening worked for me for 3 months
The first six week he was paid on a hourly rate when required for the business as he was self employed and on no contract as we did not know if the tenancy for the new restaurant was actually going to be successful. As he had worked in the industry before he was brought in to help advise and bring people on like staff for front of house and kitchen, sorting out licenses with local council etc. Ready for when we opened. When we did open he was to general manage the business. He started working these hours in March adhoc. If we didn't need him for a day or didn't come in he didn't get paid.
Officially we open and he went on the normal monthly payee payroll in May 2019, and this is when the problems started he lasted until June 2019 when he decided to hand his notice in the day EHO (environment health) came out for the annual visit and booked it with him 2 weeks before hand and he decide to take those days as holiday and did nothing to prepare for there visit.
There was a number of things that came to light like he had done letters out to suppliers and heading them from the operations manager, given letters to employees signed by him giving them the offer of management roles in the future and not putting the letters past us the business, letters to employees that were to live above premises and telling them there was not rent and putting them on full rent with no accommodation deduction, our stock take that was done upon opening the doors and the day after he left was out by 16k worth of stock, in two months, the is a list full of items.
He argued with me about holiday pay and as i explained to him he had taken holiday of which he was paid he accrued 00.53 days a week from May 1st he was only entitled to 4 days he was trying to claim all the way from beginning of March. So he went to ACAS i put our case to Acas and they said that they wouldn't get involved as i was arguing it and we had a strong case so if he wanted to take further take it to court. Which he did, after months, anyway beginning of covid we decide to get rid of our office based in te nearest town and just work from home. When the court did there paperwork months later and notified apparently of a court case the letters went to our old office that was still vacant. So we never received it, so when i got notified of a judgement against the business name i contacted the court told them the address etc and did a set aside, which the court accepted, i then had an over the phone court appearance in July 21 reference the set aside, the judge gave me 21 days to make sure i had put everything to gether and sent it to court as i should have, which i agreed, unfortunately through no fault of mine i had to contact the court and ask for some breathing space as two days after the online hearing our nine year old little girl was diagnosed with cancer. I then a couple of months ago received a letter saying that there would be a court appearance on the 17th December 2021, reference the set aside judgement, 3 weeks before that date i contacted the court and asked (because someone had mentioned to me that court we doing over the phone sessions), what i was to do about the appearance and i was told i would receive a letter from the court giving me the time and date and logon details for the online session. I received my letter at 11.30am by royal mail on 17th December, my online session was 10am on 17th December. I contacted the court by email and had a generic email back saying that they a 47 days behind in admin and will come back to me, on the 25th January i received a letter from the court about the hearing saying the set aside as been stopped again i sent a very explanatory email to the court they are now 52 days behind in admin, and the bailiffs acme to my door and not one judge has seem my side of this case yet. I do not want to leave it like this what do i do reference my next step.
An ex employee who worked for my business as a general manager and was employed to help me set up and ready the new business for opening worked for me for 3 months
The first six week he was paid on a hourly rate when required for the business as he was self employed and on no contract as we did not know if the tenancy for the new restaurant was actually going to be successful. As he had worked in the industry before he was brought in to help advise and bring people on like staff for front of house and kitchen, sorting out licenses with local council etc. Ready for when we opened. When we did open he was to general manage the business. He started working these hours in March adhoc. If we didn't need him for a day or didn't come in he didn't get paid.
Officially we open and he went on the normal monthly payee payroll in May 2019, and this is when the problems started he lasted until June 2019 when he decided to hand his notice in the day EHO (environment health) came out for the annual visit and booked it with him 2 weeks before hand and he decide to take those days as holiday and did nothing to prepare for there visit.
There was a number of things that came to light like he had done letters out to suppliers and heading them from the operations manager, given letters to employees signed by him giving them the offer of management roles in the future and not putting the letters past us the business, letters to employees that were to live above premises and telling them there was not rent and putting them on full rent with no accommodation deduction, our stock take that was done upon opening the doors and the day after he left was out by 16k worth of stock, in two months, the is a list full of items.
He argued with me about holiday pay and as i explained to him he had taken holiday of which he was paid he accrued 00.53 days a week from May 1st he was only entitled to 4 days he was trying to claim all the way from beginning of March. So he went to ACAS i put our case to Acas and they said that they wouldn't get involved as i was arguing it and we had a strong case so if he wanted to take further take it to court. Which he did, after months, anyway beginning of covid we decide to get rid of our office based in te nearest town and just work from home. When the court did there paperwork months later and notified apparently of a court case the letters went to our old office that was still vacant. So we never received it, so when i got notified of a judgement against the business name i contacted the court told them the address etc and did a set aside, which the court accepted, i then had an over the phone court appearance in July 21 reference the set aside, the judge gave me 21 days to make sure i had put everything to gether and sent it to court as i should have, which i agreed, unfortunately through no fault of mine i had to contact the court and ask for some breathing space as two days after the online hearing our nine year old little girl was diagnosed with cancer. I then a couple of months ago received a letter saying that there would be a court appearance on the 17th December 2021, reference the set aside judgement, 3 weeks before that date i contacted the court and asked (because someone had mentioned to me that court we doing over the phone sessions), what i was to do about the appearance and i was told i would receive a letter from the court giving me the time and date and logon details for the online session. I received my letter at 11.30am by royal mail on 17th December, my online session was 10am on 17th December. I contacted the court by email and had a generic email back saying that they a 47 days behind in admin and will come back to me, on the 25th January i received a letter from the court about the hearing saying the set aside as been stopped again i sent a very explanatory email to the court they are now 52 days behind in admin, and the bailiffs acme to my door and not one judge has seem my side of this case yet. I do not want to leave it like this what do i do reference my next step.
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