Private jet/talkpedler
You are correct in theory however what usually happens if the employees don't know the score and that if the owners apply for the company to be wound up, and no one flags up the company's outstanding debts then the company then is struck off the register and that will result in no redundency payments to the employees.
It is all very well people saying what should happen, I have been told this by countless flat footed lawyers who act so slowly that the company vanishes before they have got half way towards getting the employees money.
It is essential that employees contact companys house and stop the winding up and then start by serving a Statutory Demand at the companys registered address, once this has been done and companies house know about it then the employees will have time to pause and think about the next move.
With the speed of reply from Private jet & Talkpedlar I have to speculate that they might have an interest in stoping employees contacting companies house and objecting to companies that owe them money being voluntarily wound up.
As someone who has had to object to a voluntary winding up and then having (without the help of the legal profession) to force a company into insolvency I find the advice from Private Jet & Talkpedlar not incorect in legal terms, however in these days of pre-pack companies That enable the unscrupulous to run away from debt you need to act fast otherwise the company will be struck off and there will be no recourse for the employees.
I would just like to see my hard won knowledge with an employer who tried to cut and run used by people who have worked hard only to have their money spirited away by pepole who hide behind a number of companies that they use to evade paying their debts.