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Dormant Company

Employment and Discrimination Law

Dormant Company

Postby donarebun » Sat Nov 18, 2017 4:02 pm

Hello everyone

I signed a contract of employment with company A

All my payslip and letters were in Company B's name

I lost my job (whistleblowing)

I took Company B to the Tribunal and lost

Among the arguments put forward by the Respondent was that I was employed by Company A and not B.

They told other stories and didn't back it with evidence.

But the Judge believed them and ruled in their favour.

I'm now appealing

I have now discovered that Company A has always being a Dormant company.

Companies House records it as Dormant and Non Trading.

And this is both before and after my employment.

I want to state that the Respondent lied in that matter and hence lied in other matters.

But I know saying a person (or company) is lying usually put Judges off.

Since I have evidence, is it a line I should pursue?

So please your views.

Great if you have case laws to support.

Thanks
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Re: Dormant Company

Postby atticus » Sat Nov 18, 2017 10:42 pm

I see no reason not to present that evidence.
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Re: Dormant Company

Postby donarebun » Sun Nov 19, 2017 5:51 pm

Thanks for this.

I want to make sure so that I don't get on the wrong side of the Judge.

I'll keep you posted
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Re: Dormant Company

Postby dls » Sun Nov 19, 2017 9:57 pm

I m one of those who regularly tells people not to accuse people of lying.
This is a situation you should pursue. But there remains no need to accuse them of lying.

Check companies house to see whether there is any commomality in the directorships.

This is a situation where bringing in a solicitor may be enough to persuade them that you are serious. Be careful to estblish all the links in the chain.
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Re: Dormant Company

Postby atticus » Mon Nov 20, 2017 12:55 pm

The simple point is that you give the Court the evidence, and make your points as to the effect of that evidence on the case. The judge will hear what the other party has to say. He will decide the facts and the outcome of the case.

If the judge feels he has been lied to, he will probably say so, But for you to charge in shouting about lies means that you are taking your eye off the ball of what you need to prove to win. Let the judge form his own view of the adequacy of the other party's explanation.
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Re: Dormant Company

Postby tph » Mon Nov 20, 2017 10:21 pm

If company A is a dormant company, does it have any assets or a parent company? Otherwise you may find that if your claim is successful there will be no assets to claim against.
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Re: Dormant Company

Postby dls » Tue Nov 21, 2017 7:22 pm

Be careful to join the dots. What you have is reason to look further. That means that you still have to look.
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Re: Dormant Company

Postby donarebun » Wed Dec 06, 2017 7:26 pm

Hello everyone,

First of all, my apologies, I made a little mistake.

It wasn't an Appeal but a Rule 3(10) Hearing.

It was long after I had written it that I realized my mistake.

The good news anyway is that I was given leave to appeal.

I had an ELAAS representative who helped me greatly

He was able to bring forth my arguments in a much better way.

The Judge made that very clear!

The Judge is actually the President of the EAT so she knows what she is saying.

Bringing forth the issue of the dormant company status also helped as it cast the Respondents in a bad light.

Once again, thanks guys as you gave me the confidence to pursue that line.

Apologies again that I didn't state the correct Hearing
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