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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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Hello I have a judgement filled against me by the employment

Customer Question

Hello I have a judgement filled against me by the employment tribunal. i understand that the claimant can fast track the enforcement. what can i do to stop this action
Submitted: 4 years ago.
Category: 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.

Ben Jones :

Could you explain your situation a bit further please?

JACUSTOMER-40flk6zt- :

Thanks Ben.

JACUSTOMER-40flk6zt- :

I am a director of a company, thats is currently going through a process.(i.e winding up, infact today in court) . an employee( whom i employeed as a self employed has taken me to the employment tribunal. My understanding is that an hearing would be on the 3rd of january. but i receieved a judgement letter through the post on saturday, explaing that i would have to pay over £ this man

Ben Jones :
OK, thank you, please leave this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you
JACUSTOMER-40flk6zt- :

ok i just need to stop the action if thats possible

Ben Jones :

Many thanks for your patience. So from what I understand, judgment has been issued against your company, although I am unclear as to why it was done now and not after he hearing in January? Did they say it was a judgment in default?

So now the claimant has judgment they are trying to go down the Acas and employment tribunal fast track enforcement system. To be able to use this the respondent (you) must not have appealed against the original decision and the deadline for this must have passed, and the company must still be trading and not in administration.

So if the judgment was issued properly (i.e. not in default or without you being able to provide e defence) you can appeal it formally if you have a point of law you can use to do so. If the decision was issued in default, for example because they had not received your response in time, then you can ask the tribunal for a review of that decision and they could set it aside and allow you to continue defending it, which means that the enforcement action will be placed on hold.

If the winding up goes ahead and it was as a result of compulsory liquidation, then no legal proceedings (and that can include enforcement action_ can be continued against the company (or its property) without the permission of the court. So if the winding up petition is granted then you can't be pursued unless the court allows it (as long as it was following compulsory liquidation).

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you and feel free to bookmark my profile for future help:

Expert:  Nicola-mod replied 4 years ago.

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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