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H&A

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Posts posted by H&A

  1. They didn't do any of those things,

    I'm reliably informed that they just carried on trading, using the same accounts, stock, staff, premises etc.

    I know that , they bought the business and premises etc as a job lot, for want of a better word, including the finance for this from a Franchise.

     

    So basically the only thing thats changed is the name of the limited company that are T/a ****-**** , when they purchased this franchise they did so using ** Retail Limited T/a ****-***** and now they are *** Retail T/a *****-*** if that makes any sense!

  2. Could really use some help?

     

    Cutting a very long story as short as possible.........

     

    My Daughter was discriminated against due to pregnancy

    We Went to Court

    We Won The Tribunal Unanimously

    My Daughter was awarded just shy of

    £10,000.00

     

    The whole thing from grievance to award took

    18 months

     

    Obviously the ex employer never had any intention of paying up.

    She had continuously throughout the entire struggle made it perfectly clear that she didn't care about the Law and as far as she was concerned she could do what ever the hell she liked...

    And that is exactly what she's done!

     

    So......

    Whilst I was tirelessly preparing all the paper work, including 6 x 280 page Bundles for the hearing, because we couldn't afford a solicitor, so I, had to represent my daughter.

     

    Her ex employer was setting up her change of business name, knowing that this, unethical and I believe illegal, yet absolutely doable act, would guarantee she wouldn't have to part with a single penny, whether the court ordered it or not!

     

    So she Incorporated and Registered with Companies House, a second Ltd Company, with exactly the same details as her existing Ltd Company but with a slightly different name.

     

    knowing that it would all be done and dusted by the time my daughter was legally entitled to send in an enforcement officer to attempt at getting the Award

    that a ...Judge!.... and Two Wingmen..... Unanimously agreed she was entitled too!

     

    About 6 weeks ago, my daughter had to pay £60

    for a High Court Writ! and a HCEO was all ready to go and enforce it

    when we discovered that

    Companies House had allowed the Striking off of the original company to go ahead even though I had objected to this, in plenty of time along with my reasons and provided ample proof of my findings....

    ie copied documents obtained from their own website check.

     

    Right, instead of me trying to explain how they crossed over the two ltd Co's

    and never stopped trading etc.....

    I have copied and pasted the info I obtained from

    Companies House Webcheck on both of the Ltd Co's

    (I'm probably confusing you now but hopefully, you will see exactly what I'm on about when you check this out!

     

    Please note in particular the dates involved....

    BOTH COMPANIES ARE THE SAME ONE!

    They have identical credentials the only thing that's changed

    is The NAME of the CO.

     

    1.================================================

    Name & Registered Office:

    ** RETAIL SOLUTIONS LIMITED

    5 *HE* ****I*S

    *A**WOO**

    *O*I***A*

    N*1* 3*T

     

    Company No. 0*00**1

    Date of Incorporation: 26/03/2012

    Date of Notice to be

    Struck off: 21/04/2015

    Date Dissolved: 04/08/2015

     

    2.=============================================

    Name & Registered Office:

    *** RETAIL LIMITED

    5 *HE* ****I*S

    *A**WOO**

    *O*I***A*

    N*1* 3*T

     

    Company No. 02**371

    Date of Incorporation: 18/09/2014

    Status: CURRENT

     

    ===============================================

     

    Same Franchise.

    Same Stock.

    Same Staff.

    Same Premises.

    Same Company Directors.

    Same Registered Address.

    OPENS 7 DAYS A WEEK and has never missed a single days trading!

     

    Is this Legal??.......

    Can they still strike off the original Ltd Co, if they have not only, continuously traded and still are as the original business, without a 3 month gap

    but they have also whilst still trading as one company, are actually registered as two separate companies trading at the same address at the same time!

     

    Can they get away with this?

    If not, How and Who, do I report this too?...

     

    I've just copied and pasted both reports but I've sort of blotted out the Identifying Details for obvious reasons...

     

    If anyone is able to advise we'd be very thankful

  3. Hi Sidewinder,

     

    Thank you I followed your link and am considering this as one of my options.

    I am also writing to the Judge from the tribunal hearing to ask him if, under

    the circumstances he'll change the name on the Judgement Order.

     

    I can't believe the law makes it so easy for offending employer's to walk away scott free after finding them

    guilty.

     

    18 months of stress, trying to make sense out of pages and pages of rules and regulations, meeting deadlines, alienating

    work colleagues because you have, no other choice but to involve them and all the time you're telling yourself

    it will all be worth it in the end..

     

    It makes you wonder why you bothered in the first place. How naive I was, believing that I had a right to be treated

    fairly and I had the backing of the British Judicial System.

    What a Joke!

     

    Trouble is its not in my nature to give up, I know I'm in the right and all I want is

    what I'm owed.

    So I'll see it through to the bitter end.

  4. Hi Emmzzi,

    I've done some digging and found out that they have requested to be struck off from Company House (request is pending)

     

    I also found out that in Sept 2014 less than 3 weeks after I started the Tribunal Claim they changed the name of the company.

     

    Although they didn't bother attending the hearing they did participate in two preliminary hearings over the phone.

    For the first one they had appointed a solicitor to act on their behalf, but for the second preliminary hearing my boss represented herself.

    Both times they confirmed that they were from the original company. Is this legal?

     

    I have spoken to the HCEO again and they have said that I should ask the judge to amend the name on the order as the HCEO would not be able to

    enforce the order even though the business continued as normal, Same Staff! Same Owner! Same Premises etc...

     

    Apparently all my ex employer has to do is show them proof that they are not the originally name company and thats that!

     

    Regarding the proposed sale of the business.... It is being advertised as

    "tremendous opportunity, to acquire a dynamic and high turnover store, this one having the additional

    benefit of a tremendous trading location."

  5. Hi,

    The situation has now become even more complicated.....

    My now ex employer has put the business up for sale.

     

    I have contacted the HCEO today and was told that I can apply for the fast track help to try and get my money

    but the lady told me that it will take at least 5 weeks for the court to process my application...

    She also said that she thinks, but is not certain, that if my ex employer does sell the shop in the mean time that there's nothing I can do..

     

    The situation is that I worked in a shop that was bought as a franchise for my employer, (Mrs XX) by her husband. (Mr XX)

    I'm not sure if I'm allowed to mention any real names or the actual business name so I'll just refer to it as 'WELL CHEAP WINES'

     

    Here's where it gets a bit confusing..... Mr XX has his finger in a few other pies, which are all owned by ''XX Retail Solutions Ltd'.

    Therefore the Tribunal Case was against.... XX Retail Solutions Ltd T/a Well Cheap Wines.....

     

    What I need to know is,

    Is there anything I can do if my ex employer manages to sell 'Well Cheap Wines' before I can get the HCEO on the case?

     

    Someone has suggested that I can apply to stop Mrs XX from declaring bankruptcy but I'm not sure if that would be any good anyway.

    Please Help me Again lol

     

    Ps I have now received the Tribunals Judgement Order in writing....

    I have also applied and received the Acas conciliation Certificate and will be making my claim for Constructive Dismissal later today....

  6. Hi,

     

    I urgently need advice with regard to my Resignation Letter and what it should say.

     

    My maternity leave officially ended on 31st March.

     

    As the tribunal was set for Tuesday 7th April, I did not want to resign before the hearing.

     

    I am happy to say, after 18 months of upset, financial hardship and my poor mother's relentless efforts to

    get justice for me, I won my case for Pregnancy Discrimination and Victimization outright on Tuesday (7th April)

     

    After announcing the verdict, the Judge told me that, now, I must resign immediately

    and make a further claim for unfair dismissal.

     

    I would like to know, what I need to include in my letter bearing in mind my new claim for Unfair Dismissal

     

    Many Thanks

  7. I am currently on my 14th week of Maternity Leave & have applied to a Tribunal for Pregnancy Discrimination, victimisation & more. This dispute has been going on since October last year! (Since I announced my pregnancy)

    Obviously I've had to go through Acas Pre Concilliation first.

    Yesterday! I agreed to a 2nd, two week extension to continue negotiating a settlement agreement with Acas.

    Both of the extensions have been at my employers request.

     

    Today! I have received a letter from my employer which just says,......

    I am inviting you to an investigation Meeting!

    following a report of an alleged disciplinary offence which you are requested to attend, The Hearing! will be held on 3rd July(In 2 Days!) The purpose of The Investigation is to discuss some concerns that have been raised regarding your conduct.

    You may be accompanied at the Hearing! and you may call your own witnesses to support your defence

    but they will only be allowed to give evidence on matters of which

    they have first hand knowledge.......

    It goes on to say that she, my boss, (Who is both the owner and the person I'm having the problems with) will be taking the meeting and a woman from HO will be there to Take Notes!!

    Which is the exact same situation as, at my grievance meeting, which, fortunately for me & after taking Expert Legal Advise I covertly recorded.

    During this meeting, My boss laughed at me, admitted just about every wrong doing possible, ie: No risk assessment! Deduction to Contracted Hours! Unlawful Deduction from Wages!...Tax Evasion! Paying less than the minimum wage for overtime! etc...etc....she also made concrete promises to me, confirmed she had lied to me previously and the HO woman backed her all the way......

    Needless to say her written response to the meeting, clearly, manipulated, lied, ignored or completely fabricated throughout the entire letter and then concluded that my grievances were not upheld.

    I have absolutely no idea what I'm being accused of!

     

    PLEASE HELP!

     

     

  8. Thank you so much, I hadn't even considered that my resignation could effect my Maternity Pay.

    My employer has already stuffed up my SMP enough!.

    She delayed returning my Matb1 for so long that, I didn't receive any MA for the first month and when I finally got it, it was almost half the amount I was entitled to.

    This was because she hadn't given me a single wage slip for over 6 months, then when she eventually, after numerous requests, emails and phone calls sent me my last 13 wage slips, needed to claim MA, she'd altered the figures so she didn't have to pay me SMP.

    Thanks again, you've been really helpful, I'll definately be heeding your advice.

    Hxx

  9. I am currently on Maternity leave, my twin boys were born on 8th May and I'm in the middle of a very complex Discrimination case! Acas concilliation is involved and has just authorised a 14 day extention for both parties to negotiate a settlement agreement.

    I'm in the middle of doing a schedule of loss and I have most of it sorted.

    My problem is knowing when I should resign. I have been on Maternity leave for 13 weeks to date.

    I don't want to loose out on any holiday entitlement.

    Is there anyone who can advise please.

    I have seen a solicitor and I do have grounds for several claims but I am doing this myself as I cannot afford to pay a professional.

    Many thanks

    H xx

     

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