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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a director of a ltd company that ceased trading almost

Resolved Question:

Hi, I am a director of a ltd company that ceased trading almost 3 months ago.an ex employer sued for unfair dismisal and won. Ceased working in February before I was a director. We did not know abiut the twope law and did not get represented. I have recieved a bill for 6k, am I personally liable? The company has no assest except that set aside for corporation tax and smp.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Were you personally involved in the dismissal?
Customer: replied 2 years ago.

Hi, I Was Present and took notes at the tribunal as witness. Following The guidance Of Acas Every Step.

Customer: replied 2 years ago.

Sorry I mean The disciplinary Hearing!

Expert:  Ben Jones replied 2 years ago.
If an employee was employed by a limited company then any claim they have for unfair dismissal or any other liabilities by the employer would be against that company. As it is a limited company, its directors would have limited liability. This is the whole point of limited companies – they are their own legal entities and all debts and liabilities are towards the company, not its directors who have limited liability. So any claim for unfair dismissal would be against the company as that is the employer in the circumstances. As a director you do not have personal responsibility for any of its debts so you cannot be personally pursued for this claim. The employee would have to go after the company’s assets and register themselves as a creditor of the company. So they would only get anything if there are sufficient assets, however as that does not appear to be the case here they are likely to go away empty handed. In any event, you would not be personally responsible for this debt.
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