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Baz46
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05-08-2019, 01:14 PM
21

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.
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05-08-2019, 02:23 PM
22

Re: Spud u like closing outlets?

Originally Posted by Baz46 ->
@ 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.
Company directors are shareholders. Their liability is limited to the share capital they invested in the company of which they are directors.

Why should they have any other exposure then that? If it is not a limited liability company that can be a different matter but if their assets are outside of the jurisdiction of the bankruptcy court then so what?

For anyone setting up a limited company it is common practice to set p two that are separate one from the other.

One that engages in the enterprise and the other that owns everything from the kettle o the photocopier. The first leases everything from the second so that if the enterprise limited company goes tits up there will be as close to SFA that bailiffs can seize.

Where's the problem?

Look, if anyone goes into business with any other priority than making as much profit as possible then their business starts with the kiss of death firmly in place.
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05-08-2019, 02:41 PM
23

Re: Spud u like closing outlets?

Originally Posted by Lion Queen ->
I've seen one in white rose centre at Leeds but never eaten there. I don't know a single person who has either to be honest
You do now.
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05-08-2019, 02:44 PM
24

Re: Spud u like closing outlets?

Originally Posted by Baz46 ->
People cannot live on charity and pay their bills that way either, money is something that is worked for so salaries should be protected. It's been worse in this way since weekly pay was mostly replaced by a monthly payment. What happens when a company goes bankrupt is basically theft!



Often if not always they do see it coming. It is kept quiet as suppliers owed money would instantly want outstanding invoices paid and would also refuse to supply anything further by way of goods on credit.



Most people who have lost hard-earned money as a result of companies closing down overnight are well aware there is no sentiment in business. It is well past time the way it is possible for owners of companies that close, only to start up again the next day, often with just a change of name but all debts wiped out, was stopped. These same people also ensure their personal assets are secured beforehand, often by putting them in their wife's name. That is legalised theft by any other name I reckon. Personally I am still owed around £3,000 following businesses having closed overnight without notice. Fortunately I usually managed to find other work quickly. One time, the very next day, only to find I was doing work for the defunct business – the bosses knew each other so 'helped out' by doing his friend's work for existing clients after his business had closed down!
Good post Baz.
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05-08-2019, 02:46 PM
25

Re: Spud u like closing outlets?

I have eaten in Spud-U-like a few times over the years although the most recent was probably fifteen years ago. i had no idea they were still trading tbh.
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05-08-2019, 03:27 PM
26

Re: Spud u like closing outlets?

Originally Posted by The Artful Todger ->
Company directors are shareholders. Their liability is limited to the share capital they invested in the company of which they are directors.

– Snip–

Where's the problem?

Look, if anyone goes into business with any other priority than making as much profit as possible then their business starts with the kiss of death firmly in place.

The problem is that the employee is ripped-off by a system of what is basically legalised theft. They have no redress whatsoever which is even worse I reckon.

I disagree totally with the comment re: “their business starts with the kiss of death firmly in place.” In my 55-year working life I have worked for both good and bad employers, also for myself. The bad ones were those who engaged in some very dubious practices to make more profit, all closed in a very short time.

The good employers treated their employees well, they realised it was those people who made them their profits, they did not possess the skills to do that themselves. That way employees were appreciated so made far more effort. The high quality of their work was recognised by clients so more work went the way of that company. Those good companies were still trading some 20 or 30 years later. Emerging new technology did have an effect on many companies, it was only that which closed many of them.

Another dubious practice, which springs to mind as I do this, was one where some of those small, companies with dubious practices dismissed most of the staff before Christmas. That meant they were not employed during the qualifying days before Christmas so did not have to be paid for days off at Christmas. After the holiday those people were offered their jobs back, if they wanted them. Work was not easy to come by in those times, families still needed to eat, rent and bills had to be paid, more often than not the offer had to be accepted. Hardly very fair on those employees, in my opinion!
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05-08-2019, 03:33 PM
27

Re: Spud u like closing outlets?

It's a dog eat dog world. I repeat, employees are only a resource. There is no room for sentiment in business. Employers owe employees nothing beyond what is set out in the contract of employment, employees owe employers nothing that is not set out in their contract of employment. It's a changed world.
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05-08-2019, 07:43 PM
28

Re: Spud u like closing outlets?

Originally Posted by The Artful Todger ->
It's a dog eat dog world. I repeat, employees are only a resource. There is no room for sentiment in business. Employers owe employees nothing beyond what is set out in the contract of employment, employees owe employers nothing that is not set out in their contract of employment. It's a changed world.
Employers don't think that way though. they always expect more. I have worked for companies that get upset when the workers leave on time.
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06-08-2019, 07:57 AM
29

Re: Spud u like closing outlets?

Originally Posted by Longdogs ->
Employers don't think that way though. they always expect more. I have worked for companies that get upset when the workers leave on time.
Well off course! It's only natural to get the most from a resource that can be got! Doing anything less is a waste.
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06-08-2019, 02:57 PM
30

Re: Spud u like closing outlets?

[QUOTE=AnnieS;1757239]Just wondered if anyone here has ever been to a spud u like? I remember going there in the 80s but I had no idea they still had a high street presence. To be honest I can't believe they have been going for so long!

https://www.dailymail.co.uk/news/art...gh-Street.html[/QUOTE


I remember going to visit HWMO's mum who lived in Camden Town. They opened a Spud-U-Like in the high street back in the late 70's or early 80's when Jacket Potatoes first became very popular, and I recall queues outside the Camden shop.

Very surprised they were still even going in 2019. Guess it's the same with other food fad establishments that have run their course and gone to the wall. Nothing lasts forever. They have had a good run though. It's just a shame for the employees losing their jobs.
 
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