Employment tribunal against a non trading company

[highlandboy]

If an employment tribunal is started against a limited company and the company stops trading before the date of the tribunal hearing where legally does everyone stand.
The company will stop trading soon and will have no bank account before the tribunal in June. Is it still possible to make a claim against the company directors?

[Eric Mc]

Yes. Just because the company has ceased trading does not mean that the company does not exist.

No guarantee that the claim will succeed, of course.

Edited by Eric Mc on Thursday 26th February 10:39

[JustinP1]

In a word, no.

Your contract is with the limited company. If it is ceased trading, but still a legal entity, then I suppose then you could still claim against them. However, if they have ceased trading through financial issues, your best case scenario would be that you win and whatever you are 'owed' is just put in with a list of other people the company owes money to.

Not saying it isn't worth continuing, as I don't know the situation or how much it is for, but it is worth reconsidering your position.

[Brown and Boris]

I suspect your insurers would still have to cough up?

[insurance_jon]

What insurers? Employers liabilty (the only compulsory cover a business needs)doesn't cover tribunal payouts, not even the defence costs. Any fines or compensation have to be met by the business itself.