Company I work for received winding-up order

LegacyUser

Hi all,

I left my job for another job over two months ago. The new job was to work a month in hand. I was due payment a week ago and for some reason the money wasn't going into my account. The boss rang me tonight to let me know that the company had an automatic winding-up order and their accounts were frozen. There is a guy (receiver?) who has been appointed who will contact all the staff in the next few days to talk about what's been owed etc.

I am just wondering as to where I stand as to when I will receive payment (2 months since last wage), should I apply to social welfare (how?) and is there anything else I should know/do? I have never been unemployed since I was 15 so this is completely alien territory to me!

It wasn't a case of him using me for free work as (web development) a load of projects were started but none were finished/launched.

Thanks in advance.

SCOOP 64

Has a liquidator been appointed to the company?
the same thing happen to the company i worked for,
if the company accounts are frozen properly by the revenue,the company will have no moneys for back pay/redundancy.
but your back pay can be paid back on government scheme, go into citizens advice, there will give you the forms to fill in to claim your back pay and give you more advice, this is what me and my co workers did.
im still waiting for my back pay,the claim went in September.

LegacyUser

nig1 wrote: »

Has a liquidator been appointed to the company?
the same thing happen to the company i worked for,
if the company accounts are frozen properly by the revenue,the company will have no moneys for back pay/redundancy.
but your back pay can be paid back on government scheme, go into citizens advice, there will give you the forms to fill in to claim your back pay and give you more advice, this is what me and my co workers did.
im still waiting for my back pay,the claim went in September.

Thanks for taking the time. I have an update and some more questions!

I still haven't been contacted by a liquidator. The company has an English and Irish base but the liquidation process is being managed by a company called Companies House.

* It seems to be an English company/process, so would they be able to manage an Irish liquidation process?
* Can I step past the Liquidator and get back-pay through that form without liquidator contact?
* On the CRO company search website the company's status is still listed as normal. I rang the CRO a few weeks ago and they said it could take a while before the status changes. Any irregularities there?
* Also, how long does it take to get your first social welfare payment? I registered my claim on 10/01, received my card and checked in but still no information about payment. Social Welfare staff at the desk are most unhelpful!

I am literally without any form of payment for over three months so if anyone can help or contribute to this discussion to help enlighten me, I would be most grateful

LegacyUser

nig1 wrote: »

Has a liquidator been appointed to the company?
the same thing happen to the company i worked for,
if the company accounts are frozen properly by the revenue,the company will have no moneys for back pay/redundancy.
but your back pay can be paid back on government scheme, go into citizens advice, there will give you the forms to fill in to claim your back pay and give you more advice, this is what me and my co workers did.
im still waiting for my back pay,the claim went in September.

Thanks for your reply. I replied a few days ago but that message still hasn't been approved? Mods: If there's any part of this unsuitable (ie. naming Liquidator) then please edit the message accordingly

I have a few more questions and some news update. I haven't received any payment in three months so any help would be greatly appreciated.

My social welfare claim hasn't been processed yet (since 10/01) but hopefully won't be too long now. I was talking to the boss of my former company and he was saying that he was in talks with the Liquidator (Companies House). The Liquidator is overseeing the liquidation of both English and Irish companies. I still haven't received any contact from Liquidator (so no notification of back payment and no P45) although my ex-boss wrote me a letter for the Social Welfare.

My questions are:

** Does this seem normal or Irregular?
** Could there be a scam of sorts? (Rumours of companies been started and closed)
** The ex-company is registered as a limited company and its status is 'normal' on the CRO company search - Although, after I rang up the lady from the CRO did say it would take a while for those records to be updated.
** Can I step past the Liquidator and get my payment directly from the Insolvency Fund?

I have rang both the Citizens Advice and CRO and really got nowhere other than general information. Thanks in advance.

LegacyUser

Hello,

This is just a little update on the situation. It would be good to get it out for people with future issues, etc. If there's anything you could add, or advice you could give, please do.

I’m a little unsure as to the good will of the company. They said Companies House (UK) was managing the liquidation/receivership process. I wrote to them to enquire further and they replied:

"Companies House does not initiate a company's liquidation neither does it conduct it.

Companies House is no more than a public registry. We register statutory documents and make them available for public viewing. It os only the company itself or its creditors who can initiate a company's liquidation.

Companies House has struck the company from the register and dissolved it as it had not filed statutorily required accounts and returns but that process does not involve the handling of assets or settling of creditors claims.

Since the company's dissolution it has no legal existence and any assets that it may have would become crown property and would be held by the Bona Vacantia Department at HM Treasury. "

I enquired further about the dissolved status and they replied:

"If a company is dissolved it does not exist any more, therefore it can't be in liquidation/receivership."

I am wondering if the company in question are creating a scam (registering companies, not paying staff, closing the company) for whatever reason.

I will seek legal advice but only want this as a last resort. I rang Citizens Advice Bureau who referred me to Workplace Relations and they advised me to get in contact with the liquidator.

Any advice?

Thanks in advance.

ABajaninCork

If the company was wound up by Companies House in the UK, then it must be very serious. Companies House is a UK govt body, so I suspect it's something to do with either the taxman or worse, the VAT man if accounts haven't been filed. And it looks as though it's being handled from the UK which makes things even more difficult.

Your only way through is to get hold of the liquidators. Companies House must know who that is. You'll have to be issued with a P45, so you need to speak to the liquidators to get one issued.

If as I suspect it's tax trouble, you'd better check with Revenue to make sure your tax & stamps are up to date.

EDIT: Get hold of the Bona Vacantia people at the Treasury. Don't bother with trying to find liquidators. Definitely sounds like your employers fell foul of the taxman.