What happens if Ex employer is a 'No - Show'

thegspot

I have a case coming up next week with the EAT against my ex employer. Knowing him the way I do, I can almost guarantee a no show.. What happens then?

Milk & Honey

If the employer does not show, the case goes on. There is no fear of being contradicted, so makes winning the case easier.

thegspot

Milk & Honey wrote: »

If the employer does not show, the case goes on. There is no fear of being contradicted, so makes winning the case easier.

thanks for that... But, can he then try and appeal even if he was a no show?

ScouseMouse

I have direct experience of this.

Is he still trading? This happened in front of me.

The ex-employer did not show up.

Judgement was made against him.

Letters of judgement came to my business (which I bought off him)

I gave them to him, he opened them, quick read, and straight in the bin in front of me.

Nothing else happened.

I was the only address they had and nothing else came for me to pass on.

I bought the premises off him lock stock and barrel so his company had no assets left. Zilch, nothing whatsoever.

thegspot

superscouse wrote: »

I have direct experience of this.

Is he still trading? This happened in front of me.

The ex-employer did not show up.

Judgement was made against him.

Letters of judgement came to my business (which I bought off him)

I gave them to him, he opened them, quick read, and straight in the bin in front of me.

Nothing else happened.

I was the only address they had and nothing else came for me to pass on.

I bought the premises off him lock stock and barrel so his company had no assets left. Zilch, nothing whatsoever.

Nothing else happened because you left it at that..

Did you not go and seek a court order for the amount?

The company still trades.

blueythebear

thegspot wrote: »

thanks for that... But, can he then try and appeal even if he was a no show?

He can appeal even if he was a no-show but if he doesn't care enough to show up, he probably won't bother appealing. The only time that he will be likely to get interested is if you start registering judgements and sending out the sheriff which is a few steps away yet.

Victor

The problem with "no shows" is that they are also probably "no pays".

ScouseMouse

thegspot wrote: »

Nothing else happened because you left it at that..

Did you not go and seek a court order for the amount?

The company still trades.

Let me explain.

I bought a company from the previous owner.

The previous owner underpaid the staff who got a labour court judgement against him.

The registered address was the business - the business I now own. So it landed on my desk - but was addressed to him.

I handed him his post one day when he called in.

He read it, then dumped it in front of me.

Nothing else came of it. No more letters, and after talking to the girls involved, no money either.

littlemac1980

Is it not the case that the judgment was against the company, and that therefore the payment to the girls should have been honoured by the company?

ScouseMouse

littlemac1980 wrote: »

Is it not the case that the judgment was against the company, and that therefore the payment to the girls should have been honoured by the company?

I think I need to watch how I phase things.

Its a shop. Same shop name, but his company was XXX ltd t/a the shop, but mine is YYY limited t/a the shop.

Sorry about the confusion.

My original point is he dumped the letters showing he had lost and laughed. Walked away and no more was said whatsoever.

As I had bought the shop lock stock and barrel, there were no assets left in his company to be chased.

littlemac1980

Ah I understand, your company purchased his company's asset.