going bankrupt

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dave hobbs

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works gone really slack at my place my gaffer ows thousands gear has gone missing so today i followed a wagon out our yard and he went to another yard and my gaffer was there unloading it and building a rack so i think he is starting again under a different name but he hasnt told us so is he breaking the law
 
Hi Dave.. If your company is Ltd, then there is no law preventing your Director from liquidating the company (therefore relinquishing any personal liabilities with regard to debt that the company owes) and re-starting a new company with no outstanding debt attached - these are what are known as "Phoenix Companies".

For example;

John Smith Scaffolding Ltd cease trading
John J Smith Scaffolding Ltd pops up

It is a practice that is often employed by business owners to avoid paying their debtors by ceasing trading and setting up very similar company names to their previous ones - unfortunately it is companies like these who put the long established companies under even more strain as they are forced to write off the debts.
 
he is also only givin us 2 or 3 days a week how long can this go on for before he lays us off
 
hi pal id start looking elsewhere same thing happend to us a couple of years ago the next thing that happens is theres no money for your wages,you keep working cause your promised it will be there at the end of the week but it never is you end up leaving being owed a good lump of money
 
fix up look sharp said:
hi pal id start looking elsewhere same thing happend to us a couple of years ago the next thing that happens is theres no money for your wages,you keep working cause your promised it will be there at the end of the week but it never is you end up leaving being owed a good lump of money
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Spot on - and because the COMPANY owes your wages (not your actual Director), he is not legally obligated to pay you a penny himself. It would be in the hands of the liquidators who would recoup as much of the debts as possible by freezing and selling any assets, and unfortunately employees wages are low on the totem pole of priorities when it comes to larger outstanding creditors.
 
there is just nothin round here been lookin since christmas never seen it so quiet
 
tell me about it m8 got just over a month left where we are after that not sure no ones committing to anything full time at the mo
 
dave hobbs said:
yeah im on the books
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You will have some protection, but its still won't be enough
It may be a good idea to start looking now for something more secure

I know there's not much about at the moment, but hopefully things will improve shortly, stay with your man unless you can get a start somewhere else

If he does start up again he could be looking for lads!
You never know

GOOD LUCK
 
why not video him tacking the material to another yard and setting up another firm i think that may be called premeditated in a court of law ime sure your employer wouldnt whant that to get out if nothing else the liquidators would be interested in the video and you being an honorable man would see that as your civic duty cough cough
 
Why dont you just ask him whats happening and will you be kept on , lets him know that you know what he is up to .
 
paye

Getting back to you being on three day week I have been doing 3-4 day weeks since christmas Im paye and I was thinking myself what the law was as I wasn't being paid, luckily work has slightly picked up and now on my 3rd full week in a row
 
phillios i was just about to say the exact same thing, just ask him what the crack is, tell him you know he is in the **** you have seen him shifting gear and whats happening about job and money,

Fcuk man you could be running around taking photo,s and planning your revenge , when he might intend keeping all lads on , paying all lads no problems. he might actually think he is doing you lot a favour by not telling you so you dont worry, he might be embarrassed about whats happening.

Some of you dude,s on here are a bit strange at times, sat worrying and thinking your head up your ass about things you dont know about cos you havnt opened your mouth HaHa

IF YOU DONT ASK, YOU DONT KNOW:nuts::laugh:
 
superscaff75 said:
phillios i was just about to say the exact same thing, just ask him what the crack is, tell him you know he is in the **** you have seen him shifting gear and whats happening about job and money,

Fcuk man you could be running around taking photo,s and planning your revenge , when he might intend keeping all lads on , paying all lads no problems. he might actually think he is doing you lot a favour by not telling you so you dont worry, he might be embarrassed about whats happening.

Some of you dude,s on here are a bit strange at times, sat worrying and thinking your head up your ass about things you dont know about cos you havnt opened your mouth HaHa

IF YOU DONT ASK, YOU DONT KNOW:nuts::laugh:
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get the proof then ask edge your bets nothing happening no harm
 
Problem is Skooko

When you ask the gaffer the questions,you have to believe what he is telling you is the truth and not just using you for his own needs

In my experience when a company ends up like this the gaffer and any one else with money in the business are only concerned with getting as much money and plant out of the business as possible.You mate I am sorry to say are at the bottom of the pile

On a brighter note your unpaid wages,notice period,and holiday pay will be paid from a Government scheme set up just for this purpose.The Insolvency practioner that take over the business after insolvency has been declared will get in touch with all ex employees and inform you of your rights and supply the necessary forms and advice to enable you to make your claim.Be aware that this can take 8/10 weeks before you recieve your money

My advice is stay put and do nothing until you are formally dismissed.Running around with a camera will do no good.If you have left the company even one day before it goes bust the gurantees I mention above will not apply.
 
do you know if he is looking to sell any gear mate
 
facking hell gb23 the man seems to be squirrelling stuff away so he can start up again and you want it off him lol
 
Skin that aint what i mean, selling some might help the bloke out - possibly put dosh into new company - just an idear - dont bite me lol
 
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