Hello have you approached the Indolvency Service to see if they will cover the money owed?
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
Thank you I will reply fully later today I am in court myself today
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:
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
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.
ok no problem
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.
Why did it go to the Crown, did they owe them anything?
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
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