Re: Spud u like closing outlets?
@ The Artful Todger Post #20
Yes, having been through redundancy four times I am well aware there are laws governing company failures. However, I do not believe any of that is strict enough. Company directors still get away with avoiding their liabilities because they are able to by ensuring their assets holiday homes and yachts in the case of one of my redundancies are located in foreign countries.
Those company bosses whose businesses are not Limited companies often ensure all their assets are in their wife's name, so avoiding any claims against them. They were often those who started up again with just a slight difference in the company name.
One company I worked for, a Limited company, closed down overnight owing many suppliers for unpaid invoices and employees their salaries (almost a month each plus holiday pay). We all thought that eventually we would be able to get what was legally owing to us. How wrong we were though as that did not happen. Every item of equipment expensive industrial cameras, computerised equipment, servers, mainframe computers, desktop computers, printers, office desks, chairs, filing cabinets, telephones etc., even the waste paper bins were all leased so legally belonged to the leasing company! Later it transpired our National Health contributions had not been paid for some while either, individually we were not liable for those, fortunately.
Existing laws may be believed to be
'very well defined, very strict, and well enforced' but hardly strict enough or adequate when this can and still does happen!
I believe what is needed in these cases are strict laws similar to the Proceeds of Crime Act 2002, which applies to gains from crimes committed anything suspected to have been gained from crime can be seized and auctioned.
If similar laws were to be passed in the cases of company closures or bankruptcy I believe this kind of thing would stop overnight. Employees who are completely blameless would then be able to claim what is legally due to them and actually get it.