make low offer or company threatens to go into insolvency. need help

[macman1980]

Hi, I need your help people again! I decided after the advice of people on here regarding a number of grievances I had with my employer and statuary rights, that I would get a solicitor.

 

I ended up resigning because of what ha[ppened and solicitor said with all the evidence I have got we should take my employer to a tribunal for automatic unfair constructive dismissa which l was told had a very strong case.

 

Then after few letters and text messages back and fourth. My solicitor speaks to my ex-employer about a settlement. He said that he wants a figure asap and he would not give offer til we gave him figure and that he might put the company into insolvency. Now from what I understand I cannot take company to tribunal if they go into insolvency.

 

So what are my options? Do i just ask for wages I was owed which was £5000. Do i ask for compensation?

 

Do I work out what I would claim at tribunal and get figure from that? Do I put my solicitors fees on top? I'm hoping someone can help because I'm confused about what I should do as I think my solicitor thinks i should just accept the money I was owed.

 

Not the fact that I cant get any more work or the fact of how he treated me, just for wanting the same as everyone (holidays and not to be paid short etc). Plus that I have no income since I resigned, so losing out on wages and future wages.

 

PLEASE CAN ANYONE GIVE ME ANY ADVICE ON THIS SUBJECT.

Edited July 9, 2013 by citizenB

[steampowered]

Why hasn't your solicitor given you advice on this? Why does your solicitor think you should just settle for unpaid wages when he says you have a strong unfair dismissal claim? This sounds a little contradictory.

 

The fact that you are owed 5k wages and that you might have been unfairly dismissed are two separate issues. I would certainly ask for all outstanding wages as a bare minimum.

 

What compensation you should ask for to settle the unfair dismissal claim is impossible to say. It would depend on how strong your claim is, what level of compensation you would be looking at and how ready you are to pursue this in an Employment Tribunal if necessary. We can't give a view on that unless you give a lot more details, a successful unfair dismissal claim would normally compensate you for loss of wages. If there is a genuine automatic unfair dismissal claim which your solicitor thinks has a decent chance of success then I would probably add compensation to the 5k.

 

You would not be awarded solicitor's fees if you went to Employment Tribunal, but can take these into account when working out your settlement offer.

 

You can sue an insolvent company in the employment tribunal. However you would just be a creditor like all the other creditors so would not get the full value of your claim. If your boss is tempted to put the company into insolvency just to avoid paying you, you may wish to remind him that taking money out the company (or buying its assets at an undervalue) when he knows there are unpaid creditors such as yourself is unlawful and could trigger personal liability.

[ericsbrother]

Is the company insolvent? If not and the boss just shuts it doown that does not release him from his obligations as a company director but it will slow things down terribly. As he winds the company up he has to pay his debts so you must register your due pay as a debt and it will be up there with secured creditors when money is distributed.