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Mrsjoallen

ET Case - Employer going in to Liquidation - Failure to stick to Case Management Order

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Any help would be appreciated please.

I have brought an ET against my husband’s employer, for owed holiday pay, severance pay and unfair dismissal. The case is strong with lots of evidence in our favour. Employer is a LTD Company.

We attempted pre-claim conciliation with ACAS but the employers were not interested.

We then submitted a claim in the region of 6k when all mitigating losses were accounted for, but still offered to them a settlement through ACAS amounting to £1200 for just the holiday pay and severance, which again they declined and informed ACAS that they are now going into Liquidation.

They submitted their ET Response which was accepted, but have since failed to stick to the Case Management Order by the ET, which I have informed the ET of.

My question is, if the employer does go in to Liquidation, what is the likely hood of us getting the money owed? And how do we pursue this?

Many thanks in advance.

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Any help would be appreciated please.

I have brought an ET against my husband’s employer, for owed holiday pay, severance pay and r]We attempted pre-claim conciliation with ACAS but the employers were not interested.

We then submitted a claim in the region of 6k when all mitigating losses were accounted for, but still offered to them a settlement through ACAS amounting to £1200 for just the holiday pay and severance, which again they declined and informed ACAS that they are now going into Liquidation.

They submitted their ET Response which was accepted, but have since failed to stick to the Case Management Order by the ET, which I have informed the ET of.

My question is, if the employer does go in to Liquidation, what is the likely hood of us getting the money owed? And how do we pursue this?

Many thanks in advance.

You may be able to get some £££ from the Insolvency Service. My employers went into liquidation in Jul & I got unpaid wages, overtime & payment in lieu of notice by filling out a form. Most IS payments are capped @ £400/wk. I'd suggest contacting the liquidators in the 1st instance & see what they say.

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Hello

 

To continue with the claim you may need permission from the liquidators of the Respondent or from the Employment Tribunal. If you manage to secure a Tribunal Judgment in your favour, you can then apply to the Insolvency Service for payment of many elements of a Judgment. From memory, I believe the company has to be insolvent before such a payment can be claimed (and you can't therefore claim from the Redundancy Payments Office if they are only in administration). As your husband was dismissed prior to the liquidation he can't claim a redundancy payment at all, or a "severance payment" without a Tribunal Judgment in place. He may still be able to claim holiday pay owing, but the Tribunal won't allow for double recovery so you should make sure you know which route you're going down to try to claim this back.

 

The payments are capped at 8 weeks at £400 per week. The remainder of any Judgment can be claimed through the insolvency process, but as an unsecured creditor, you could receive little or nothing.

 

Often insolvency practitioners won't find it cost efficient to contest a Tribunal Hearing, therefore you may find you have a bit of an easier ride - there are no guarantees of this though. If they are not actively defending the claim, you could apply for a Default Judgment from the Tribunal which may speed the process up.

 

Good luck!

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Hi

 

If the Company is going into Liquidation you need to know who the Appointed Reciever to the Company is.

 

Once you know who the Official Revevier for the Company you put your claim in writing with all evidence from the Employment Tribrunal and go for then full amount to the Official Recevier.

 

Then await there reply but also contact the Employment Tribrunal and inform them of the circumstances and ask their advice.


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