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judgement complication

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  • judgement complication

    Hi Need advice please.

    I have obtained a judgement against my previous employer over unpaid wages.However on notification he now tells me that he closed the company ( confirmed ) and I must seek redress from the administrators.

    The Employer knew of the court proceedings prior to the closing of the company and failed to notify myself or the Court..His original defense was that the claim was in the wrong name as his other company was the one who administered his payroll,and not the company I worked for.He had tried this trick in other cases and the Judge ( unaware of a pending closure ) awarded judgement in the name of the company I worked for which is now closed.

    The employer is still trading under a new name but uses his original administration company to administer the payroll.

    Can I now apply to the court to vary the order in the name of the Company who administers the payroll for both his old company ( now closed ) and his new company.My payslips were all in the name of the Payroll company which is still in operation.
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  • #2
    Your ET Judgement is against the company you worked for they were the respondent in the claim and it is against that company that you are owed the award. The complication you have is that company has gone into administration.

    The company who administers the payroll is not the respondent in your claim and you cannot get the order varied to them as they were not your employer.

    I think you may have two courses of possible action:

    1. Write to the administrator with a copy of the Judgement and inform them you are a creditor of the company.

    2. Use a High Court Enforcement Officer (HCEO) under the Acas and Employment Tribunal Fast Track

    https://assets.publishing.service.go...EX727_0923.pdf
    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

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