Advice to enforce tribunal decision

[John Wallis]

Hello.. I am new to the forum and would like some advice to enforce an employment tribunal decision for unfair dismissal and age discrimination in norfolk.

 

I have been awarded a fairly substantial amount due to poor behaviour of the company in question, but the company are now saying that they do not have the funds to pay and have employed an Independent Insolvency Practitioner. I have some information that they may soon be entering into CVA. However, the company are still trading and appear on the face of it to have a steady income.

 

I have arranged for the High Court Enforcement Officers to attend the commercial premises but the goods at the premises are very low value. I am not aware of any further assets. I have looked into a charging order for the premises, but it transpires that the premises are not owned by the company that my judgement is against, but a company outside the UK.

 

I have also looked at a third party debt order, but the limited bank statements we have received from the company suggest they are in debt, so this may rule out this option.

 

We also have some information that the directors of the company in question have set up another company to operate part of the business, so obviously this raises some concerns to me about transferring funds/assets etc.

 

I am a bit at a loss as to what further I can do next..... are there any further options worth considering?.. Can action be taken against the directors of the company?

 

This is causing a great deal of stress to me and my family, so any assistance would be greatly appreciated. I am happy to provide more information or clarify some points if required.

 

Kind Regards

J.Wallis

[stu007]

Hi J

 

Welcome to CAG as its the early hours the caggers may not be along till later to give you advice so please be patient you will get good advice to assist you in the meantime please have a look around the forum.

[Derwent]

One option might be to issue them with a Winding Up petition, as they would need to prove they had sufficient funds to pay their immediate debts if they wanted to avoid the company being wound up. It can be a costly process though if you fail, I suppose it depends on how much money they owe you whether its worth it or not.

[steampowered]

Unfortunately if you cannot identify any company assets, it will be very difficult to enforce the judgment. The first thing is to put a claim into the insolvency practitioner, hopefully he/she will be able to give you a steer about how many other creditors there are.

 

If the new company takes the assets of the old company and does not pay full value for them, or engages in transactions designed to defraud creditors ... then there might be a basis for pursuing the new company or the directors, but this is a difficult route to go down.

[John Wallis]

Thank you for the advice re the winding up order and insolvency practitioner.

 

We may have identified some further assets the enforcement officers can seize.