employer owes my husband 6 months wages

[CTID66]

Hi

hoping for some help here!

My husbands ex employer still owes him 6 months wages, and despite her assurances that she will pay him (and other colleagues of my husband) she has not paid anything at all.

The company they worked for is in reality insolvent but she will not wind the company up or go into admin/liquidation etc whatever is required by her lawfully to do.

The company is basically trading whilst insolvent and owes many creditors including employees.

The woman who owns the company (and is a director of it) has a very well paid prestigious job of her own at a major UK educational establishment (she is a professor) and she also has substantial assets in property etc.

We are applying to the small claims court to try and get the wages owed, and also the Employment tribunals...but because this woman has evaded paying (and ignored solicitors letters etc) so far we dont hold out much hope of her ever paying up.

My question really is:

how would we stand legally if we were to tell this woman we are going to name and shame her in the newspapers (she is a fairly high profile member of the local community)

and also...are we entitled to visit her in her place of work/and or her home address to ask her why she is avoiding paying the money owed?

 

many thanks for any advice!

[scousegeezer]

Hi CTID,

I would not visit her at her home/work or anywhere else. As you have/intend to apply for civil action I would leave it like that. If she fails to respond to the CC summons, you can request judgement to be entered in her absence. She may at a later date request the judgement be set aside , but would have to have a very good reason to do so. Prob wont get it. You have to be notified of the set aside hearing and can attend and object to the application. So lets assume that you get the judgement entered. Now you have to get the money from her. If she fails to pay you can request bailiffs to attend- all this wil cost you money but you should get it all back, costs etc. The only problem I can foresee, is if the company is a limited company. Then you cannot get the compensation from her personal estate. Is the company solely owned by her.

 

When applying for the CCS, include your evidence that she is trading insolvently. This will add to your case. As for going to the press, I would only do so once judgement has been entered and she fails to pay. Whatever yo do dont go to her home etc. Wouldnt want you to be warned under the harrassment act. Let justice take its course.

 

Hope this helps - Cheers Scousegeezer.

[CTID66]

Hi Scousegeezer!

 

many thanks for your reply and advice, its most welcome!

I think you confirmed what we really thought ourselves, that it wouldnt be a good idea to go to her house for obvious reasons.

We dont want to be accused of harassing her, its just heartbreaking that my husband is struggling on no wages, and she is enjoying a very well paid job, after having defrauded many creditors and employees.

We shall trust in the judicial process!!

 

many thanks once again!!

[scousegeezer]

CTID,

My pleasure, hope things work out for you. Take care.

 

Cheers - Scousegeezer