Ex-employer owes money but declared bankrupt

[Frenchie82150]

My former employer owes me over 20,000 resulting from a employment tribunal award for sex discrimination, unfair treatment of a part time worker, vindictive behaviour,etc.

He has declared himself bankrupt despite owning a string of properties (all in partner's name) and mercedes 4 wheel drive (not in his name either).

I've provided the appropriate authorities with details of his properties, his solicitor and everything else I know but they seem unwilling to do anything about it despite promising to call him in for another interview.

He is due to be discharged soon and if I can't get anything from him as he is also refusing to supply a reference so I have been unable to get another job, I will be in the bankruptcy courts myself.

Is there anything I can do or does the bankruptcy wipe his slate clean as far as I am concerned?

Thanks for any advice

[old_andrew2007]

bump

[paulgmb]

He may have declared himself bankrupt but surely the award is against his company?
Has the company been declared bankrupt?
Regards,
Paul.

[Frenchie82150]

Hi Paul

He is a sole trader but as I had no employment contract the award was against him, the company and another group whose name appeared on the bottom of a letter they sent me.

I believe the bankruptcy order was against Mr ******* trading as ******.

He claims to have sold the company although he still works there and for all intents and purposes still appears to be in charge.

I had legal expenses coverage which paid for the solicitors who fought the case for me but as soon as he declared himself bankrupt they said there was nothing further they could do.

This may well be the case so I am probably clutching at straws but it doesn't hurt to investigate every avenue.

Thanks for your reply.

[paulgmb]

I would suggest going back to the tribunal and asking them to enforce the award. If the award was against him and his firm (and others) then you could still be in with a shout.
I also think that you should point out to your insurance company the above and seek their help under the terms of your policy. Be as hard with them as you need to be with the tribunal.
You might have to take this through the county court to serve an enforcement notice, of this I am really not sure.
Best of luck.
Paul.

[rippedoffagain]

If he was a sole trader and was declared bankrupt, then there is nothing you can do, unless you could prove that he transferred his assets to his partner in a fraudulent way, ie just before bankruptcy.

[Frenchie82150]

Paul, thanks for the advice. It's worth a try.

Rippedoffagain, thanks for your reply. He was far too clever to do anything like that. He kept all his assets in the names of either his partner or other people. Even his cars were registered in other people's names.

Regarding his extensive property portfolio, his solicitors drew up papers saying that in the event of a split from his partner, his properties would revert to him. That would, to me, indicate that he had a financial interest in the properties. Also, the rents were paid into his bank account.

All this info was given to the Insolvency Service but they chose to do nothing about it.

I suspect that nothing can be done but it's worth exploring all avenues. It's a bit galling to see someone who owes you all this money and who is supposedly bankrupt driving around in a top of the range Mercedes 4x4.