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Hello, my name is Ben and it is my pleasure to assist you with your question today.
Could you explain your situation a bit further please?
I am a director of a company, thats is currently going through a process.(i.e winding up, infact today in court) . an employee( whom i employeed as a self employed has taken me to the employment tribunal. My understanding is that an hearing would be on the 3rd of january. but i receieved a judgement letter through the post on saturday, explaing that i would have to pay over £4000..to this man
ok i just need to stop the action if thats possible
Many thanks for your patience. So from what I understand, judgment has been issued against your company, although I am unclear as to why it was done now and not after he hearing in January? Did they say it was a judgment in default?
So now the claimant has judgment they are trying to go down the Acas and employment tribunal fast track enforcement system. To be able to use this the respondent (you) must not have appealed against the original decision and the deadline for this must have passed, and the company must still be trading and not in administration.
So if the judgment was issued properly (i.e. not in default or without you being able to provide e defence) you can appeal it formally if you have a point of law you can use to do so. If the decision was issued in default, for example because they had not received your response in time, then you can ask the tribunal for a review of that decision and they could set it aside and allow you to continue defending it, which means that the enforcement action will be placed on hold.
If the winding up goes ahead and it was as a result of compulsory liquidation, then no legal proceedings (and that can include enforcement action_ can be continued against the company (or its property) without the permission of the court. So if the winding up petition is granted then you can't be pursued unless the court allows it (as long as it was following compulsory liquidation).
Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?
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