R Ryngwelski v Greenehue Ltd (in liquidation): 2301856/2020
JUDGMENT
The claim is dismissed.REASONS
[1]The hearing was a case management hearing, but it became apparent that the claim must be dismissed, and so I issue this judgment.[2]Mr Ryngwelski was employed by Greenehue Ltd. It did not pay him for 25 weeks. He brought a claim in the County Court (claim number 108MC429 in the online money claim Court at Roehampton).[3]He obtained judgment for £9,905.84 including the Court fee and £895.63 interest.[4]Subsequent to that judgment, and Mr Ryngwelski says to avoid paying him, on 03 March 2020 the company’s assets were sold to a related company and Greenehue Ltd was put into a creditors’ voluntary liquidation, and Simon Renshaw of AABRS Ltd was appointed its liquidator. 10.7 Judgment with reasons – rule 62 Case No: 2301856/2020[5]On 27 May 2021 Mike Ruane of AABRS Ltd emailed the Tribunal and stated that the Redundancy Payments Office had assessed and admitted Mr Ryngwelski’s claim (and so they would not attend the hearing).[6]Mr Ryngwelski says that they will pay only 8 weeks, leaving 17 weeks unpaid. Mr Ryngwelski says that he was told by the County Court that they could not enforce against a company in liquidation, and so he brought this claim, for the same debt for which he has judgment in the County Court.[7]I explained to Mr Ryngwelski that it is not possible to claim the same debt in two different Courts, so I had to dismiss his claim. I explained that in any event Employment Tribunal judgments are enforced through the County Court, so he would end up in the same place.[8]I explained that Mr Ryngwelski had to prove his debt in the liquidation, but that if the liquidator was not able to realise enough money to pay the company’s debts that he would not be paid all, or perhaps any, of the money he is owed. After he is himself paid for his work, the liquidator shares out the money he collects in between the creditors. Some, like the government, are paid out first. If there is anything left it is shared equally between the unsecured creditors, like him. I explained that I was not able to advise him about, or comment upon, the circumstances of the liquidation.