Alicia86
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Yes Sweep1, I quite agree. Both the Charities Commission and HMRC are clear about the Trustees' liabilities. The frustration is that the HCEO's I've spoken to won't go near the trustees' because they are not named on the order. The Trustees in place at the time of my redundancy are named on the Charity Commision's website, the ET Order names the Charity, but nobody feels able to join the dots. It seems, were I to take this course of action, it would be for me to sue each of the Trustees individually, and that quickly becomes expensive. Remembering too that the order is only for around £8000.
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Thanks for your help Lookinforinfo. There are times of the year when I would expect the employer's account to have sufficient funds to settle the order. I don't know anything about the Mareva Injunction and didn't find it easy to research on the internet. Is there a reason one would use a Mareva Injunction over a Third Party Debt Order? I'm considering timing a Third Party Debt Order to coincide with when the accounts will have the funds. I have the account numbers and sort codes for two accounts. I am not on benefits so I do need to choose an affordable way forward. I found the Third Party De
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Those are fantastically useful leaflets you mentioned ploddertom. Thank you for pointing them out to me.
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I'm still keen to hear from others on my possible options, I'm very grateful to the lovely people of this forum that share their knowledge. Thanks!
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Yes, thank you Ploddertom. With regards to the HCEO route... there are few material assets, the premises are rented and the charity name, rather than the trustees, are named on the order. So I'm not sure it has legs. However, a Third Party Debt Order via our local County Court is an option though not something I know much about, other than what I have read on the web. I'm not sure of the court fee's involved for this or if the order of £8000 is one a court would consider warrants this action.
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Thank you for your replies HCEO. I set out to really just get the judgment at an employment tribunal. So I'm lucky already to have negotiated the tribunal and succeeded. However, the appointment of their solicitor, which I certainly can’t afford to do, and the slippery bank accounts does have me feeling that I shouldn’t let this one go.
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Thank you for your replies HCEO. I set out to really just get the judgment at an employment tribunal. So I'm lucky already to have negotiated the tribunal and succeeded. However, the appointment of their solicitor, which I certainly can’t afford to do, and the slippery bank accounts does have me feeling that I shouldn’t let this one go.
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Is a viable route to apply for a Third Party Debt Order via our local County Court where the County Court Judgment was issued? Is this something a layman could do?
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Brief back story: In 2013, whilst on maternity leave, I raised concerns about how my line manager was treating me. Subsequently, my employer initiated a swift redundancy process, and within a month had made me redundant without notice and whilst still on maternity leave. The employer retained my maternity cover worker. I represented myself at an employment tribunal in Jan 2014; an Employment Judge judged that I was unfairly dismissed and treated unfavourably by my employer to section 18 of the Equality Act 2010. The employer was ordered to pay my notice pay, compensation for unfair dismis
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SweetLorraine, thank you also for your help. The respondents in this case were listed in the name of the charity, they were not listed individually.
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Thank you Lamma. I gathered from that, that the respondent (the charity in name) in my case is the legal entity to be held account, and specifically that includes each individual identified as a member of the managing committee (the trustees) on the date that I was made redundant.
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Thank you Lamma. The charity produced bank statements and crude balance sheets at the hearing to paint a picture of being in financial difficulties. However, the judge spotted that they had more than one bank account, one was paying the other and some or the items on the balance sheets were falsified. So from what I gather, the charity are trying to hide any moneys that they have, and hide bank accounts. Do you think I will need to investigate this before handing it over to the HCEO or is this something the HCEO looks into?
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Thank you Ploddertom. What questions would you put to HCEOs to help choose between them in this instance?
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Hello. I was an employee who was made redundant by my employer. I represented myself at an employment tribunal, who found in my favour on all counts. They judged that it had been unfair dismissal and sex discrimination and made an award of around £10,000 although I don’t expect any of it will be paid. At the start of the hearing my employer’s solicitor tried to wriggle, suggesting to the judge that they were not a legal entity. The business is run by a managing committee of volunteers (an unincorporated association) and is also a registered charity (registered with the charities comm
