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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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My ex employers company been dissolved. Well Before that

Customer Question

Hi. My ex employers company been dissolved. Well Before that happen I contacted ACAS to receive some help regarding unpaid holidays and redundancy payment. ACAS didn't manage to do anything within the normal time so I went to Employment Tribunal to solve the problem.
Paid the fees my hearing been set for 3rd Aug. Employment Tribunal clerk sent me a letter 2 weeks ago asking for the case quantification. I replied promptly and today I received an answer from the clerk that the judge cannot rule against the company because it's disolved.
As far as I know dissolving company take about 3 months and Company house has to make a note or advertise somewhere that company in question applied to them to be dissolved.
So how the Tribunal missed it in the first place? And what to do next.
In the recent email I received from them they say I can apply for that company to be reinstated. Whats the best course of action for me. Please help. Regards
Submitted: 6 months ago.
Category: Law
Customer: replied 6 months ago.
I can provide full correspondence with Acas and employment Tribunal clerk.
Expert:  Ben Jones replied 6 months ago.

Hello have you approached the Indolvency Service to see if they will cover the money owed?

Customer: replied 6 months ago.
No not yet. How can I do so ? I need to tell the judge how to proceed till 26th of July.
Is there anything the judge can do ? Why did they agree to hear the case when the company filled for a wind up?
Regards
Customer: replied 6 months ago.
Can companies house dissolve company while there is an open case in employment tribunal for money being owed to an employee?
Expert:  Ben Jones replied 6 months ago.

Thank you. The tribunal will not ordinarily make checks on a company before they accept a claim or proceed further in the process. They are likely to have been advised of this once they sent the claims documents to them and the company or its insolvency practitioners , if they are involved, would have replied to the ET advising them of that. So they have not really done much wrong by accepting the claim in the first place.

In the first instance I would contact Companies House to oppose the winding up and state that you are a creditor who is owed money. Even if the winding up proceeds, you can apply to reinstate it to the companies register and it would allow you to make a claim against them or proceed with the current one. So you may wish to also contact the ET and ask them for a postponement of any hearing until you deal with this matter and try to oppose the winding up or reinstate it if it has already happened.

Also if the reasons for the winding up are to do with insolvency proceedings, you will be covered under the National Insurance Fund and the Insolvency Service can cover some of the money you are owed. This will not be available if this was just a voluntary winding up by the owners/directors.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have under the National Insurance Fund, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45339
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Customer: replied 6 months ago.
Thank you for your answer. So could you tell me if there is any cost to me involving company reinstatment? Do you think any documents or information should be passed to ET about company being closed ? Is that helping the case at all? He applied to wind the company up after I went to the court
Expert:  Ben Jones replied 6 months ago.

Thank you I will reply fully later today I am in court myself today

Expert:  Ben Jones replied 6 months ago.

Thanks for your patience. Yes there would be fees involved in making an application to restore a company to the register. Details of the procedure can be found here:

https://www.gov.uk/claiming-money-or-property-from-dissolved-company/restore-company-court-order

The fee is currently £155 I believe.

In terms of the NI Fund, if it appears unlikely that the company will be able to cover payments owed to you, employees will also have additional rights to claim through the National Insurance Fund (NIF). The following debts, if owed to employees by an insolvent employer, can be recovered from the NIF:

· Up to 8 weeks' arrears of pay (up to the current maximum statutory limit on a week's pay) less basic rate tax and NI contributions.

· Up to 6 weeks' holiday pay (up to the current maximum statutory limit on a week's pay) which accrued in the 12 month period ending on the date of the insolvency, less basic rate tax and NI contributions.

· Statutory notice pay (up to the current maximum statutory limit on a week's pay) less basic rate tax.

· Statutory redundancy payment less any amount already paid by the employer

Any claims in excess of the above limits should be claimed from the insolvent employer in the usual way, such as through the insolvency practitioner or through court.

To be able to claim from the NIF, the following conditions must be met:

· Only employees can claim, therefore the self-employed, agency workers, etc are not covered

· The employer must have been made officially insolvent

· The employee’s employment must have been terminated

Assuming the above criteria have been met, the procedure for claiming requires the application to be made to the Redundancy Payment Office responsible for the employer’s area, by using form RP1. To get a copy of the form and for further details, you can contact the Redundancy Payments Helpline on 0845(###) ###-####

As to sending documents to the tribunal, not sure how much that would help as they already know it is subject to winding up proceedings

Customer: replied 6 months ago.
Thank you very much for the answer.
I appointed a representative from CAB but they are absolutely useless. Sorry to say that. They applied for an extension for the hearing. So I will have some more time to figure out what to do.
So I presume I need to find out first why the company been closed and if it was a voluntary strike off there is nothing else I can do. Even if I started the case when the company was still trading...?
I also know about wrong doings of my ex employer should I report it somewhere ? Don't want to incriminate myself in anyway but I was working full time being paid for full time and got the payslips for part time job.
Look forward to hearing from you.
Regards
Expert:  Ben Jones replied 6 months ago.

Hi yes try to find out who started the winding up process and if it is linked to any formal insolvency proceedings. In terms of reporting them, that depends on what you are reporting them for, different offences will be reportable to different bodies. The main way to incriminate yourself is if you did not pay the taxes you were due to pay based on the money you were receiving for the work.

Customer: replied 6 months ago.
That's what I thought. I thought the taxes are paid by the employer.
Income taxes are on the payslips but I never paid too much attention to them.
I've been paid so I assumed everything was OK.
Until when I have been made redundant.
I will phone companies house tomorrow and ask them about the reason and will get back to you if that's OK.Regards
Expert:  Ben Jones replied 6 months ago.

ok no problem

Customer: replied 6 months ago.
Hi Ben. Managed to contact companies house and been told it was a voluntary strike off. Application to strike the company off the register been made on 12th April then on 19th first gazette made an announcement about the company being desolved then company was closed on 5th July.
Can u let me know please if there are any legal means I can take against him ?
What would happen if I will apply to the companies house for the company to be reinstated ?
Regards
Expert:  Ben Jones replied 6 months ago.

Hi at this stage you are really only looking at resinstatement. If you do this and you are successful then the company will be placed back on the Companies House register and will become an active company again, which will allow you to sue them. however, if it is a limited company you have to consider if that is going to be worth your time because a limited company is responsible for it own debts so if they have no more assets or cash then it is unlikely that they can satisfy any judgement you obtain in your favour.

Customer: replied 6 months ago.
As far as I can see all the assessential and right went to the crown. So if the company is reinstated will I have to claim the money from the company or the crown?
Customer: replied 6 months ago.
Sorry meant to write assets and rights ...
Expert:  Ben Jones replied 6 months ago.

Why did it go to the Crown, did they owe them anything?

Customer: replied 6 months ago.
As far as I can see at the latest report theywere in debt to the creditors. Around £4k. Is it possible for you to double check the information on the companies house website. I would much appreciate your help. Im desperate here.
Company is called Tronic IT Ltd.
Thank you
Expert:  Ben Jones replied 6 months ago.

If the money was distributed to their creditors then you cannot really chase them now for it. You will never really get someone who has been paid off as a creditor to give you money because you were a creditor too and should have received a share of the assets. I understand you are desperate but the issue here is that you are somewhat clutching at straws and the likelihood is that you will end up spending more and more to get nothing and you will end up with even less money

Customer: replied 6 months ago.
Thanks. So basically just drop the case and that's it let him away with everything
Expert:  Ben Jones replied 6 months ago.

this is certainly not the first time something like this has happened unfortunately. The issue with limited companies and many, many creditors have historically been left shortchanged if a company closes down or is made insolvent. It is not easy to say this but I do have to advise you not to just get yourself in a worse off position just because you are acting on principles and want to get justice

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