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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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We are a scaffolding ltd comp, being sued for toe injury.

Resolved Question:

We are a scaffolding ltd comp, being sued for toe injury. The guy would not give us a UTR no. And had only worked for us a week. We found out that he was also working nights on a railway. Our ins company told us to go liable and since voided the ins. Now they are taking us to county court. Can we find out if he was employed by someone else at the time? Also if we dissolve the company can they still sue?
Thanks Lisa
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

So that I can look into this for you, please can you tell me how long he had been contracting for you?

Customer: replied 1 year ago.
Sub-contracted a few days here and there for 5 month period
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. It may be difficult to find out if he was working for someone else at the time because that would not necessarily have created an official record anywhere. If he was self employed and working at different locations then he would only have to declare his total income, it does not have to be itemised with details of where it as earned. So unless he tells you about the other employments he had or you manage to find out via word of mouth, you may not necessarily be able to find this information out officially.

If you were thinking of dissolving the company, then assuming this was a limited company it is possible to avoid liability in that way However, there are ways around it for him – he could block the dissolution process if he has an ongoing court case against the company and it could delay the whole process until a decision has been made. Alternatively, if the company goes insolvent he could register himself as a creditor and be entitled to a share of the company proceeds on closure.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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