Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : Who was named on the claim please? I assume she has applied to enforce it in the county court?
her name is k. mielke. she applied for unfair dismissal. it's been enforced on the basis of 2 years' continuous employment even though HMRC evidence shows otherwise. the award, nearly 7K was taken from my private account, not the company account.
Alex Watts : The employment claim was that against you personally or the company?
Alex Watts : Are you able to respond?
sorry i didn't get an email notification of this reply. the claim was against me personally.
she was employed by me personally, then she was paid by my company. she claimed UD on the basis of two years continuous employment.
Alex Watts : It's bad news then I am sorry to say.
Alex Watts : If there is a judgment in your name then they can apply to enforce it against you.
Alex Watts : The county court has no power to stop it
Alex Watts : You have an Employment tribunal decision and that is in your name.
but the employer was the company. how can this be ignored.
Alex Watts : If the tribunal decision was in the company name then it could not be enforced against you personally.
Alex Watts : But that does not matter now - there is a tribunal award against you personally.
Alex Watts : That is enough to enforce it.
Alex Watts : If you disagree with the Tribunal decision you can appeal it.
Alex Watts : But you needed to have changed the name at the employment tribunal.
Alex Watts : All you can do now is appeal.
Alex Watts : But if there is a tribunal decision in your name it can be enforced against you personally.
Alex Watts : I realise this is not the answer you want and it is certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts : If this answers your question, please take a moment before you leave and rate my service, which I hope has been excellent, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex
Alex Watts : Please remember you are rating my service and not whether or not it was the answer you wanted.
but how can an employment tribunal judge see that the employer is a company,as evidenced on the HMRC forms, and still plunder a private bank account?
Alex Watts : That is a separate matter, you need to appeal hat decision.
Alex Watts : that
Alex Watts : But while you have a claim against you personally it can be enforced personally.
Alex Watts : That is why you need to appeal if you disagree with it.
Alex Watts : But until you appeal and it is overturned it can be enforced against you.
Alex Watts : I agree it's unfair.
so appeal the ET decision, and also appeal the personal decision. two separate further applications. can you help me by telling me to whom each application needs to be made. i'm going from deep to deeper now. it's mental.
Alex Watts : Yes. I would suggest instructing a solicitor to lodge the appeal for you as it can get technical.
Alex Watts : i can not draft documents as its against site rules to be imstucted, but I would have liked to have helped