# Won employment tribunal appeals but company ceased trading.



## beelzebos (13 Aug 2013)

Hi, I won an employment appeals tribunal case on my previous employer but at the time I received a letter from tribunal with my awards the company ceased trading. It still appears in Company Registration Office as status normal and they never applied for bankruptcy - they just closed the office and disappeared. I was trying to send an register post to their office but it was returned to me as not at the address. What else can I do to claim my money back from the company? 
Thanks for you help.


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## Time (13 Aug 2013)

Not a lot really. Consulting a solicitor would be a good idea.


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## beelzebos (13 Aug 2013)

Time said:


> Not a lot really. Consulting a solicitor would be a good idea.



The thing is that they only owe me about 1000e and I'm afraid that a solicitor cost may take all of my awards.


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## Time (13 Aug 2013)

It is going to be very hard getting money out of a company that has vanished. Do they have any assets that can be seized? If not I think you are on a hiding to nothing. It is sad when companies do this, I bet the revenue is also looking for money off them too. Your 1000 Euro debt is going to well down the pecking order. 

It would be no harm to sound out a solicitor to see if anything can be done. Shouldn't cost too much.


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## beelzebos (13 Aug 2013)

Time said:


> It is going to be very hard getting money out of a company that has vanished. Do they have any assets that can be seized? If not I think you are on a hiding to nothing. It is sad when companies do this, I bet the revenue is also looking for money off them too. Your 1000 Euro debt is going to well down the pecking order.
> 
> It would be no harm to sound out a solicitor to see if anything can be done. Shouldn't cost too much.




It was one of the employment agencies. They also have got an office in Belfast that is open trading but Belfast office says that Dublin has nothing to do with them as they were registered as separate company. But you're right I'll try to get some solicitors advice.


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## Black Sheep (13 Aug 2013)

Does your local citizens information centre have a free legal advice section usually evenings by appointment


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## Spear (13 Aug 2013)

beelzebos said:


> It was one of the employment agencies. They also have got an office in Belfast that is open trading but Belfast office says that Dublin has nothing to do with them as they were registered as separate company. But you're right I'll try to get some solicitors advice.



Would it be possible they have the same parent company?


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## Brendan Burgess (13 Aug 2013)

beelzebos said:


> It was one of the employment agencies. They also have got an office in Belfast that is open trading but Belfast office says that Dublin has nothing to do with them as they were registered as separate company. But you're right I'll try to get some solicitors advice.



Hi beelzebos

Employment Agencies must have a license. 

Check with the Department of Enterprise if they have a license and object to the renewal if they have one. It will just cause them hassle. 

Did you make a complaint to the client company who employed you/used your services? You should do so. 

Can I ask what the case was about?  It's unusual to have cases taken against agenies and not against their clients.

Brendan


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## beelzebos (26 Aug 2013)

Brendan Burgess said:


> Hi beelzebos
> 
> Employment Agencies must have a license.
> 
> ...



Hi Brendan, sorry that I'm replying after such a long time but I was away for a while. I'll try to explain why the case was against the employment agency and not the client. We were working for the agency for over 2 years period and one day the company said to us that they doesn't want to use this agency anymore and that they found a new agency that we'd work through but it'll happen in about months time so nothing to worry about. That was on Friday morning, same day the old agency rang us after 18 o'clock (so all offices in our company were closed) and told us basically that we are fired from this sunday and our p45 will be waiting for us on wednesday and that the new agency was lying to us that they'll take us over in a months time. (they didn't even call to few of us to tell that they're fired ). We were lucky enough that the new agency took us over from monday but the amount of nerves it took us to have this thing sorted over weekend was enormous. When we're collecting our p45s we told the agency that we should receive a 2 weeks notice of termination and they should pay us for that - agency told that it was transfer of undertakings and we won't get anything. We sued the agency to right commissioner who told that it wasn't transfer, so we sued the agency to Employment Appeals Tribunal who got us awarded but the agency vanished ;/. It took over 2 years to get any awards that we can't even get. That's more less our long story short.


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## Time (26 Aug 2013)

Rights commissioners are generally a waste of time. Best to go straight to the appeals tribunal.


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