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Ask Ash Your Own Question
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i employed a nanny/pa for a year as a private employer. all

Customer Question

i employed a nanny/pa for a year as a private employer. all tax, NI, sick leave, holiday etc paid by me. all above board on top salary of £580 a week. hired through a well known agency. shortly before the year was up, i opened a small decorating company, and changed her employer to the company. her salary was the same, she knew, agreed, and the company name appeared on her payslips as a result. after 8 months, i gave her notice, but she claimed unfair dismissal on the grounds of 2 years continuous employment. which isn't the case. there was only a thousand pounds in the company account, but the judge ordered the award be taken from my private account, and issued a 3rd party debt order to my bank. isn't this illegal? to take private money to cover a dubious award? the award was almost 7K, and is based on 2 years continuous employment, which demonstrably isn't the case, according to HMRC slips all provided to court. the judge says the claimant didn't know she was employed by a company. which is nonsense of course, it's written on the payslips. she was told. why wouldn't i tell her? but my question is, can they take the money from my private account, when it was not me employing the claimant?
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : Who was named on the claim please? I assume she has applied to enforce it in the county court?
JACUSTOMER-3owotgxd- :

her name is k. mielke. she applied for unfair dismissal. it's been enforced on the basis of 2 years' continuous employment even though HMRC evidence shows otherwise. the award, nearly 7K was taken from my private account, not the company account.

Alex Watts : The employment claim was that against you personally or the company?
Alex Watts : Are you able to respond?
JACUSTOMER-3owotgxd- :

sorry i didn't get an email notification of this reply. the claim was against me personally.

JACUSTOMER-3owotgxd- :

she was employed by me personally, then she was paid by my company. she claimed UD on the basis of two years continuous employment.

Alex Watts : It's bad news then I am sorry to say.
Alex Watts : If there is a judgment in your name then they can apply to enforce it against you.
Alex Watts : The county court has no power to stop it
Alex Watts : You have an Employment tribunal decision and that is in your name.
JACUSTOMER-3owotgxd- :

but the employer was the company. how can this be ignored.

Alex Watts : If the tribunal decision was in the company name then it could not be enforced against you personally.
Alex Watts : But that does not matter now - there is a tribunal award against you personally.
Alex Watts : That is enough to enforce it.
Alex Watts : If you disagree with the Tribunal decision you can appeal it.
Alex Watts : But you needed to have changed the name at the employment tribunal.
Alex Watts : All you can do now is appeal.
Alex Watts : But if there is a tribunal decision in your name it can be enforced against you personally.
Alex Watts : I realise this is not the answer you want and it is certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts : If this answers your question, please take a moment before you leave and rate my service, which I hope has been excellent, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex
Alex Watts : Please remember you are rating my service and not whether or not it was the answer you wanted.
JACUSTOMER-3owotgxd- :

but how can an employment tribunal judge see that the employer is a company,as evidenced on the HMRC forms, and still plunder a private bank account?

Alex Watts : That is a separate matter, you need to appeal hat decision.
Alex Watts : that
Alex Watts : But while you have a claim against you personally it can be enforced personally.
Alex Watts : That is why you need to appeal if you disagree with it.
Alex Watts : But until you appeal and it is overturned it can be enforced against you.
Alex Watts : I agree it's unfair.
JACUSTOMER-3owotgxd- :

so appeal the ET decision, and also appeal the personal decision. two separate further applications. can you help me by telling me to whom each application needs to be made. i'm going from deep to deeper now. it's mental.

Alex Watts : Yes. I would suggest instructing a solicitor to lodge the appeal for you as it can get technical.
Alex Watts : i can not draft documents as its against site rules to be imstucted, but I would have liked to have helped