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    • With regard to your question on post 207 if you bring in the points that I made on the validity of the contract they are supposed to have with Peel holdings then mention that there are already doubts about the validity of the contracts that are being used by the PPCs and the OPS is a classic example. Once you are on there you should then try and get your other point in after that.   if it is in connection with the extra charge of £60 remind the Judge that the charge has been defined by many Court across England that the charge is an abuse of process which was covered in PE v Beavis at point 198    " The charge has to be and is set at a level which enables managers to recover the costs of operating the scheme"  IE the £100 charge covers all their expenses so nothing should be added.   as their WS claims an extra £60 that could be judged as perjurious since it is an additional sum that should be known by VCS and the author of the WS as a double recovery. Especially as they have already lost in Court for the same reason.   Another cause to prove that they do not comply with their Code of Conduct. file:///C:/Users/User/Downloads/CamScanner%2008-05-2020%2016.34.59.pdf  Byelaws are statutory not arbitrary as their WS said on no .42 .   Best of Luck.   The above URL does not work but this one does http://forums.National Consumer Service.com/index.php?showtopic=133001    [20.1 is where  VCS  lost then 20.2 where they appealed and lost again . But read the whole thread as it may help you in other ways too.
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    • stop doing nolans job for them... there are numerous threads here in the same forum yours is in     no DN info to follow   dx    
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So sorry but need advice if possible


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Hello everyone, im new here and i so need some advice if possible it

concerns my son,

 

He worked for a company for 6yrs, but the company was taken over by a new boss and his previous employer made certain that the current employees remained when he sold the lease to this man, right before christmas last year he went to go to work with other employees, they tried to unlock the company gates to start work but the boss they worked for changed the locks the day before, he then texed them all to say they are now all unemployed.

 

They never even got their wages on the saturday for the 6 days they worked before this, as the boss was suppose to return with them on the saturday but didnt,

 

Anyway to cut a long story short i made my son take this man to the tribunal and my son won the case, as none of the employees knew this was going to happen and i felt it was unfair to the employees and my son to be treated in such a manner, his former boss did not appear to the court, infact he sent a letter stating he had no intentions of appearing,

 

after the judgement was awarded to my son there was a lapse of 42 days for an appeal, nothing was heard, we waited another 6wks then applied to the local county court to enforce the order awarded to my son,

 

now his old boss has put in an appeal to the tribunal 120 days late after the 42 days, and also put in to have the enforced order stopped, hes now claiming that my son only worked for him for 2yrs?

 

nothing changed at the company only the owner, also hes claiming that my son worked for a different company? and the company hes claiming my son worked for went out of biusness 14mths before he took over the company my son was at.

 

The lease is in the name of his boss and thats what the award was made against, not a company that hes claiming is responsible,

 

Even the ones whom leased the company to him had never heard of the company he mentions, so really does he have the right to do this and does my son stand a chance of getting this award that the court awarded him at all? as all the former employees have taken this man to court and my son does have paperwork supporting his case against this man

 

thank you so much for reading this, only we are in court next week about the enforcement order my son was awarded against this man , i do hope you are able to help, Maz

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I will flag your post to the site team to be moved to the employment forum where you might get better advice.

 

In the meantime, please can you edit your post (the edit button is on the bottom right of the frame around the post). Please format it in to paragraphs in to make it easier to read. You will get better replies that way.

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Hello Maz and welcome to CAG.

 

I've put some paragraphs into your post to help the people who will try to help you.

 

Are you saying that your son went to an employment tribunal please? This will help us to decide which forum to move your thread to.

 

My best, HB

Illegitimi non carborundum

 

 

 

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I will try to summarise.

 

1. Son was working for an employer. Employer's business had a new boss. By way of takeover, administration etc is not clear.

2. Service was continuous between old and new boss. Apparently - but this now seems disputed.

3. Son and other employees turned up for work one day before Christmas to find the new boss had locked them out.

4. The previous week's wages were not paid.

5. They were given notice on that day, by text, to say that they were unemployed.

6. Son took "Boss" to ET. Claim won - looks like it was because no notice was served. "Boss" seemingly did not defend.

7. No appeal was lodged by 42 days.

8. 6 weeks later, Son got enforcement awarded.

9. 120 days later, "Boss" has decided to resist. Appears to have applied to set aside the enforcement order.

10. Boss appears to be relying on a previous company dissolving(?) 14 months previously and, therefore, employment was not continuous.

11. ET ruled the continuous lease proved employment WAS continuous. Judgment therefore in son's favour.

12. New company disputed by lease holders - don't know if this dispute has been admitted in evidence.

13. OP and son have paperwork to back this up.

 

OP and son are in court next week to defend (what I think is) a set aside application for the enforcement order.

Maz - I am sorry if I have got anything wrong in my summary - please correct if i have.

 

P.S. Conjecture on my part is in italics.

Edited by Bandit127
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Yes it was a Takeover.

 

Yes that is correct Honeybee13, he went to the Employment Tribunal, and the Case went to his favour.

 

The lease is in the Boss name not a Company,

My son was awarded Wages owed to him, inc overtime he did.

Holiday Pay.

Week in Leiu

Redunancy for his length of employment

 

and an award because the Boss gave No Warning of what he was planning to do, no legal advice given to employees etc and so forth.

The Boss did NOT bother to appear at the hearing nor put in an Appeal against the judgement made in my sons favour.,

 

My son has got permission to enforced the award from the County Court.

 

Now his old Boss is trying to say that my son worked for a company that went out of biusness 14mths before hand that no one has ever heard of. (what was another company this man had)

 

And only worked at the company he had for 2yrs not 6yrs, Even though my son produced wage slips dating back 6yrs.

 

I do have the Application to enforce the order ready as we had to ask the judge for permission to do this and we were granted this.

 

I have all the paperwork that was used at the Tribunal and the Judge there was satisfied with what he saw.

 

Can this Man get out of this at all? as personally i think he treated all his employees bad, esp taking their wages with the knowledge that some had babies and children at home and had no other means of income x

Edited by Maz1234
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I have moved your thread to the Employment Problem forums - you will attract more viewers there :)

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Hello again.

 

I'm sorry if I have misunderstood.

 

The employment tribunal found in your son's favour? And the employer hasn't paid and so you are seeking to have the money paid through the county court system?

 

I'm not one of the employment experts here but I hope they may turn up and advise you.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Yes, so sorry i do not explain things very well, And now we have been granted an order to enforce this payment awarded, His old Boss is now trying to appeal against everything, The Judgement and the Order to enforce the award. x

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His chances will be slim as he ignored the time for his day in court. I think you will be ok.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Yes, so sorry i do not explain things very well, And now we have been granted an order to enforce this payment awarded, His old Boss is now trying to appeal against everything, The Judgement and the Order to enforce the award. x

 

Hello again. I don't think I'm understanding things very well either, sorry.

 

Who has granted the order please and can you tell us any stautes or judgements have been quoted please? Legal numbers and letters might be helpful, I think.

 

HB

Illegitimi non carborundum

 

 

 

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The tribunal judge gave my son the award,

and the judge at the county court agreed for my son to enforce the award against his boss

as he ignored everything,

 

and now his old boss is trying to stop it all and saying that its wrong etc and claiming that my son only worked for 2yrs not the 6yrs my son claimed (even though pay slips were shown as proof of 6yrs being with the company)

 

and my son worked for a company that went broke 14mths before the boss did what he did to all his employees at my sons work

 

that was another company his old boss had before he took over from where my son worked x

Edited by honeybee13
Can't understand this without paragraphs.
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The tribunal judge gave my son the award,

and the judge at the county court agreed for my son to enforce the award against his boss

as he ignored everything,

 

and now his old boss is trying to stop it all and saying that its wrong etc and claiming that my son only worked for 2yrs not the 6yrs my son claimed (even though pay slips were shown as proof of 6yrs being with the company)

 

and my son worked for a company that went broke 14mths before the boss did what he did to all his employees at my sons work

 

that was another company his old boss had before he took over from where my son worked x

 

Hello again.

 

I'm sorry if I might be misunderstanding this, but I thought employment tribunals and county courts were different things? I'm sure the guys here will help to explain if I've lost my way.

 

HB

Illegitimi non carborundum

 

 

 

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The Tribunal Court told us to go to the County Court to enforce the order as his old boss completely ignored it all, as his Boss had ignored the judgement,

and that is what we did as this gives us from what we understand permission to send in baliffs or 2 other ways to get what was awarded to my son by the Tribunal Court.

And now his old boss is trying to appeal against it and claiming that my son never worked for him but for another company that does not exist, that he used to have but went broke 14mths before he made my son and others unemployed. x

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Yes my son produced 6yrs of pay slips and i think they are p45's or something that you get yearly,? also the lease is in the man's name not the company he claims, and no we have not spoken to the bailiffs yet we thought we would give his boss time to try and sort the award out etc, but now we find hes lodged a set aside judgement order to try and stop this, and also is trying to appeal against the tribunal judgement with the tribunal 6mths after the last appeal date that was given x

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Hi

 

I have to agree with Emmzzi that his chances are slime as they have stated to the court that they had no intention of appearing at the ET and that they have also failed with the 42 day by law limit to appeal and taken a further 120 days exceeding the limit set to appeal.

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Thank You so much, i feel so much better now, i did not know what to think about this all, i feel hes just trying to avoid it all and trying to give himself time to do something so he can try and get out of paying the award to my son,x

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I think you need to see this as 2 smaller problems rather than one great big one.

 

The legal process will have 2 steps that he will need to be successful in to succeed in getting the ET judgment appealed.

 

1. The CC judgment that you got the enforcement order with will need to be set aside. This is a legal procedure that you can Google for - or find the legal issues forum on CAG and read up on the accounts of others.

It matters little at this stage that this is an employment issue. The CC order will be a money order.

You will need to defend against this in the CC. Your defence (I am not an expert) should be that he has no chance of appealing the ET ruling because the ruling was made on XX/XX/XXXX and his time limit to appeal expired on YY/YY/XXXX.

 

2. If he is successful in getting the judgment set aside, he will try to get the ET ruling appealed. I would phone ACAS - they may be able to help you resist this.

 

For now, you only need to concentrate on step 1 I think.

 

If I am right he is set up to fail - I would be doing number 2 first. He would be much more likely to get the CC judgment set aside with evidence that the ruling it was based on had been appealed and changed.

 

As it is I think he has a slim to no chance of a set aside unless he can vary the ET ruling first. You MUST defend the set aside though.

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At some point you would think he'll spot that the amount he'll need to pay lawyers would add up in his head to less than paying out stat minimum redundancy... some people are just idiots!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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  • 5 weeks later...

Hi thank you all for the great advice, well an update, the enforcement was adjourned till after a decision was made on wether the tribunal would allow him to appeal or not being over 100 days late, well he did not get the appeal, so that means my son can now enforce the order, Now im at a bit of a loose end, as according to the tribunal it says that interest of 8% daily is chargeable on the award all the time it remains unpaid, on the enforcement order it has at the bottom after the award amount

"Together with any further interest becoming due".

Now does that mean i have to now add a daily interest rate of 8% on top of the award amount, as now it is 156 days over due, so sorry to be a pain with these questions, i do hope someone is able to help me again x

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I cant say 100% that it is from that date but my guess would be yes. Do remember that it is a comulative interest. So £100 day 1 £108 day 2 etc. Don't be tempted to just add 8% on at the end as you'll do yourself out of a lot of money.

 

Hope you receive what you are owed soon.

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It's 8% per year - if you added 8% per day, you'd be rather richer than the legal system intended!

 

The interest calculation to use is (£Amount x 0.08 / 365) x 156... I think. Maths is not my strong point.

Edited by becky2585
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