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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6705
Experience:  Solicitor
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My query is: we have applied for strike off of our Comapny,

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Dear sir or madamMy query is: we have applied for strike off of our Comapny, this has been advertised in the Gazette and our company will be struck off by 28/1/18. We have received an invitation to a preliminary hearing at Employment Tribunal, to be held on 1/2/18.Question 1) As this company is no longer trading, should we ignore this request? If we respond could it be seen as a tacit admission that the company is still trading?Question 2) We have set up a new ltd company, with the same directors. The ET claim is for unfair dismissal (based on alleged dismissal following a whistleblowing claim, which we deny). Is there any risk to our reputation as directors if we do not defend the ET claim? Can it affect our current company in any way?

Hello my name is ***** ***** I will help you with this

1) If the Company is not trading and will be struck off - then no, you do not need to attend.

You should. ideally, write to the Tribunal and give notice you will not attend because the company is being struck off.

2) No. The claim is against the Limited Company. It can not be against the Directors personally.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 4 months ago.
Thank you Jamie. Can the claimant object the striking off? It won't be final until 2 days before the hearing, I have been told that the claimant could object the striking off and then it could be suspended by Companies House, at any point up until the final day. Is this possible? At this point it's a preliminary hearing, could the Claimant potentially object the striking off on this basis?

Yes they can. So it may be that you dont want to tell Tribunal. Technically you should inform any creditor.

But if the Company has no assets anyway, it may make no difference.

Does that clarify?

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Customer: replied 4 months ago.
thanks Jamie.