My former employer decided to object the decision of the ET six months after the judgment has been issued. They never tried to object it before, did not attend the Case Management nor the Hearing. They never tried to get in touch with me even after the matter went to the County Court.
Then a formal warning was sent to them about the Winding UP of their company. They have recruited solicitors and those are going to contact the ET (or already have) in relation to the appeal of the ET Judgement. The solicitors did not set aside either. Missed the offcial 21 days.
They have missed all the opportunities and the 42 days after the judgment was issued.
I believe they cannot appeal as it is simply too late. Am I right?
Many thanks in advance.
2007-01-14 03:12:10 · 3 answers · asked by sun 1 in Politics & Government ➔ Law & Ethics
Check with ACAS
2007-01-14 03:15:36 · answer #1 · answered by MANC & PROUD 6 · 0⤊ 0⤋
Employment Tribunal Rules and Procedures do allow extensions but only in extreme circumstances short of being stuck on the moon or the south pole the tribunals are reluctant to use these powers. It would be up to your employers solicitors to be able to argue this case effectively in order for the judgement to be set aside.
With regard to the winding up this could be more problematic. there are 3 scenarios.
1, If the compensation was granted against an individual you are OK.
2, If the compensation was "jointly" from a person and the company (rare but possible in discrimination cases). here again you may be OK the company may not be able to pay but because the compensation is joint it can be claimed back from the individual company.
3, If the judgement was solely against the company then you will become a creditor and will not have priority for your debt to be paid.
It may be interesting to find out what kind of business it was, if a limited company then you will have difficulty claiming any compensation if it goes into receivership if however it is a partnership then there is still a chance you would be able to claim your compensation
2007-01-14 12:01:56 · answer #2 · answered by plastic paddy 2 · 0⤊ 0⤋
You are right. They have missed the appeal deadlines and there would have to be a very strong case for missing this which normally applies to employees rather than employers ( eg the individual was hospitalised etc. This is not so likely in the case of a company so I doubt they will be entertained but it may be another stalling tactic not to pay you especially if theya re about to wind up and you simply become one of their creditors.
2007-01-14 11:21:45 · answer #3 · answered by Chiclad 2 · 0⤊ 0⤋