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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Dear allI have a big problem

Customer Question

Dear all I have a big problem with my former or still Employer as all employees were basically kicked out and the company is basically abundant but still on the register as trading. They dont pay tax salaries insurance, have no Director therfore are not in Administration That means I am kicked out but cant get my salary nor redundancy money without going to court. Not being paid since November means I can't afford even the fee for employment tribunal but wont get it waved as I earned to much before. In more detail: I worked for Minotti cucine London ltd , a kitchen shop which is subsidiary of the mother company and factory in Italy Minotti cucine SLR. On 4th November the director and CEO left( apparently due to health reason) and no new Director was appointed. We did not get our full basic salary in November and where asked to give our keys on the 18th December to an appointed person the Italian CEO had sent. We were told to close for Christmas and come back on the 7th January. We did no hear news when chased and did not get paid Basic salary or commissions in December , the looks were changed and the doors were locked when we came back to work on the 7th January. Minotti cucine Italy SRl went Bankrupt on the 9th of January. It is run by a trustree from the court in Verona.He says he is not our boss and wont pay us but tries to use the assets from London to pay Italian debts. A loophole in Italian law allows to revive a company which went Bankrupt briefly if it has assets abroad to help pay Liabilities. However the British companies owes taxes, vat and salaries and paid for these goods. The Minotti cucine company is still officially trading though doors are closed since December 18th. Questions: 1.When does my 3 month period finish to claim salary at court? Based on when the took the keys, did not pay end of December or let me not come back on 7th Jan? 2.What can I do to get the company closed apart from winding it up which i cant afford? 3.It must be illegal to abandon the company and to leave all employees ( 5 ) dry and unpaid?Who would be the Gov organisation to be interested in that to Whistleblow? 4.Do iI have a chance to have tribunal fees wave though I had more than the limit wages but are broke now due to what happened? I spoke with HMRC, Company House, Inland revenue.Nobody seems interested. Please help if you can Kindest regards DieterXXXXXX

Submitted: 4 years ago.
Category: Law