Won employment tribunal vs former employer, now what?

dannyboy20 · 16th August 2006, 15:08

Hi all, sorry if this isn't the right section for posting this. I'm just looking for some advice, although it's a bit complicated so sorry if this is a long post.

I worked for a company (call it company A) from Jan 2005 up until Sep 2005. I was then told I would be working for it's sister company (call it company B) in September (they both had the same director). Mid November I was told they could not afford staff any longer and I would be moving back to company A, and was given a cheque for that months wages. This subsequently bounced.

I worked for company A a further 2 weeks, I was told by them they would be paying the wages I was owed from company B. A week later after threatening to leave I was told they would not be paying the wages I was owed, and I was basically messed about. I then quit my job there.

I then went to Citizens Advice, as company B still owed me a months wages, and company A still owed me 2 weeks wages. After months of letters I finally had a date for the tribunal, in June this year. Company A then decided to pay up, 2 weeks wages + holiday pay which I accepted.

I was advised by Citizens Advice to still go ahead with the tribunal as I was still owed 4 weeks wages from company B, even though I was no longer sure if the company were still operating.

Anyway I had to represent myself at the tribunal at the end of June as my caseworker told me the day before he could not represent me. The respondents did not show up to the hearing.

I explained everything to the tribunal. IE Company A owed me 2 weeks wages + holiday pay which had now been resolved. Company B owed me 4 weeks wages. That they were sister companies, and the CEO still called all shots regarding money despite the company saying they had no relationship between both companies at the time. I also printed off a newspaper article which was an investigation on the dealings of both companies and the chairman. During the course of the hearing they did a check on Companies House website to see if company B was still operational. They weren't but all assetts and debts had gone over to company A (i'm pretty sure they said this).

Anyway the judgment was that company A was to pay the money i was owed from company B (~£750) + £400 "in respect of the failure to provide me with a written statement of the particulars of my employment"

They had 42 days to respond, which was up until the 7th August. I received no response from the company. I'm just wondering what the next course of action would be? County Court has been mentioned but citizens advice haven't been that helpful really. All they've said is send another letter giving them 7 days to reply.

Also it says on my tribunal papers that the "stipulated rate of interest" at 8% can be applied after the 42 days are up. How does this work out? Does this only get added if it goes to county court?

Any advice would be appreciated.

jo5ephedward5 · 16th August 2006, 15:28

i think you can go via the small claims court much as with n e other claim?

add interest at 8% and any costs (i.e the court costs) then sit back

JonCris · 18th August 2006, 02:05

You need to make a money claim against which ever company is operating & just in case they move the assets again include the defunct co as a co-defendant.

It will then be upto them to argue that they are not linked & therefore not liable to you which is going to be a bit difficult for them.

Never mind about giving them more time you have already given them more than enough as can be seen in the current corre.

Send an LBA now pointing out that you have alredy given them enough time & if you don't hear from them by return you will commence legal proceedings immediately.

Address the same letter to each company & send "special delivery" which you can monitor

rbrears · 18th August 2006, 03:53

dont make a money claim. If I remember correctly a judgment of the employment tribunal can be enforced as if it is a judgement of the county court. Just speak to the court office about enforcement and they will tell you what your options are.

JonCris · 18th August 2006, 10:23

Quote:

Originally Posted by rbrears

dont make a money claim. If I remember correctly a judgment of the employment tribunal can be enforced as if it is a judgement of the county court. Just speak to the court office about enforcement and they will tell you what your options are.

Good point!

Problem is to ensure success he needs to have both connected firms named which they are not in the ET. But yes if he contacts them they will advise

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