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Hi

 

I wonder if there is anyone who can help me please

 

I was made redundant a couple of years ago by my former employer as he said it would be cheaper to outsource my role to an outside agency

At the time, the employer was falsifying invoices to the factoring company he used and was in debt up to his eyeballs

He was stopping pension contributions from staffs wages and we were forever getting emails from the Pensions regulator saying that pensions had not been paid. I was better off out of it to be honest but he failed to pay me my redundancy and just after I was made redundant he rolled the company.

He has since re-opened under a different name, had his friend put his name to it as he has done this numerous times and cannot be a director anymore

I took him to a tribunal for non payment of redundancy and I won the case but he wont ever have to pay anything as the company is in liquidation

 

Since then, I have discovered after bumping into an old colleague that he is still taking a pension contribution from his staff and still not paying it over - how is he allowed to get away with stealing staff wages like this and nothing be done even after all this time?!

 

He is now being taken to court by an old client as he said they owed him a large amount of money which is why he had to close the company but they didn't, he in fact owed them hundred of thousands in lost and damaged items.

I have been sent his witness statement and he has named me personally stating that I wasn't performing my role correctly and it is my fault that the invoicing was incorrect (even though it was him raising dodgy invoices) 

He has stated in this court paper that I was dismissed because of this! I never once was called into a meeting to dicuss poor performance or anythign like that!

 

I now want to do something about this as it is defamation of character

Am I legally allowed to ask for my personnel file if I email him and the liquidators?

 

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I think he will have shredded your file, if he ever even had one. I would simply write a short statement to the court refuting the claims.


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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Dont they have to be kept by law for so many years?

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What on earth makes you think he's going to be doing anything legal after the way you describe him?

 

Best to recognise a fool's errand early, and stick to helping the other side in the case if you can.


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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This is very true! Word sof the wise

 

I wouldn't be getting the other side into trouble will I if I send a statement tot he court refuting his claim?

Are they allowed to have sent me his witness statement?

Also, is there anything I can do about his defamation of character?

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If you have details of the other side you could ask them if you can help in any way.


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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You can't just send statements to courts. Courts don't accept "evidence" from random strangers. As Emmzzi suggests, you could ask the other side if they could use anything from you. But I'd caution you to be clear headed about the fact that your actions are motivated by revenge, not justice. That much is clear from your language. And there's that old saying about digging two graves to remember. Your version of this is clearly absolutely true. You knew all about this employers illegal activities and shady dealings - which you can evidence; and which, of course, you reported to the appropriate bodies at the time, didn't you? You are alleging clear criminal activity which would not be protected even in a phoenixed company. Company status does not protect directors from action which is illegal. 

 

So when you are on the stand in that court, their lawyer will be asking you for your evidence, for the details of the reports you made, and the outcomes. And if you do not have those, then your are a lying disgruntled former employee. If you do have evidence but did nothing, you are a complicit former employee. In other words, almost every way you cut it, you end up looking as bad as the person you are accusing. Or worse. 

 

Besides which, if the company no longer exists, who on earth is the former client suing? There's no personal liability unless they can prove - prove - that he acted illegally or negligently. That's a very high standard to prove on current activities, never mind historical ones. 

 

Get involved, and you invite attack on you. What he claims has no validity unless he has evidence. Lawyers can twist and turn your involvement- you could easily have the opposite effect. 

 

 

As for defamation. If you could afford defamation proceedings, you wouldn't be on a free anonymous website asking for legal advice. There's a £10k court deposit for such proceedings.

 

Really, sometimes anger is best left in the past.

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Telling lies is 50%  of any court case.

Write to the other party and give them a statement about what you did and didnt do at work regarding this issue only , how you left and that you are still owed monies ( claim reference for court case) and that you will attend as a witness if asked to. You dont write or give any opinion or go into things that you cannot prove.

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