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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49819
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I wish to take my previous employers through the small claims

Customer Question

I wish to take my previous employers through the small claims court for not paying my wages, owing me approx £5000. The company is still trading but is subject to a CVA, as is the Directors being in an IVA. Can I still take action through the Small Claims Court.
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. For now please let me know how long you have worked there.

JACUSTOMER-nrjextlr- :

I have worked for the company for a year.

Expert:  Ben Jones replied 4 years ago.
Apologies for the slight delay, I experienced some temporary connection issues earlier. If a company has entered a CVA, there is no moratorium against bringing a claim through the courts against it. However, this does not mean that you, as a creditor, will be able to commence/continue proceedings against the company or its property for claims that occurred prior to the CVA. This is because a CVA is a bilateral contract between the company and its creditors and under the terms of the CVA, your claim prior to the CVA is extinguished in return for what the company is giving under the terms of the CVA.

This means that if what you are claiming for goes back to a time before the CVA, it may already be impossible to claim for it, depending on the terms of the CVA. You would need to contact the company to obtain further details of the CVA and check exactly what its terms cover and whether that would prevent you from making a claim in these circumstances.

I would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you