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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47392
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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It was a limited liability company.

Resolved Question:

It was a limited liability company.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Could we please keep all responses to this thread. So has a claim already been submitted in court?
Customer: replied 2 years ago.

I received a claim notice from a county court two weeks ago

Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues yesterday and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
First thing to note is that the police would not be interested in this – it is not a criminal matter so they have nothing to do with it. If he contacts them they will simply advise him to pursue the matter elsewhere, such as through the courts. So do not worry about any potential police involvement.
The next issue is whether he was genuinely self employed or an employee. If he was self employed then he would be personally responsible for his tax affairs and should have paid any tax due by making self assessments with the Revenue. You would not be responsible for his taxes or NI contributions. To determine if he was an employee or self employed you may wish to take the following test and get an indication of his status:
https://www.gov.uk/employment-status-indicator
If he was actually an employee then you may have some responsibilities on paying some of his taxes but you would only be liable if you had deducted the tax owed and not forwarded it on to the Revenue.
It is also important to note that as a limited company you would not be personally liable for this. The whole point of a limited company is that it is its own legal entity and it is responsible for its company debts as a company. Its directors will have limited liability towards the company’s debts and there are very rare circumstances when someone would be allowed to claim personally against a director for the debts of the company. This would usually be in serious cases of fraud, but this is not one of these. So if he has made a claim personally against you in court then you are able to ask the court that the claim is struck out because you were not personally responsible for any of these – his employer was the company and any claim should be made against that company. If it has been dissolved since then that could make things difficult for him as he wouldn’t have a party to sue and he may have to look at complex procedures of restoring the company to the companies register so that he is allowed to sue them but even if that happens, it is still the company itself that would be responsible for the debts, not its directors.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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