Outcome
Individual claims
Claims struck out for two reasons: (1) the respondent company is in compulsory liquidation and permission of the court has not been obtained as required by the Insolvency Act 1986; (2) the claimants failed to provide acceptable reasons within 14 days why the claims should not be struck out for not being actively pursued.
Facts
Two claimants brought employment claims against Nahgas Ltd. The respondent company entered compulsory liquidation. On 29 September 2025 the Tribunal gave the claimants 14 days to provide written reasons why their claims should not be struck out for not being actively pursued. The claimants failed to provide acceptable reasons.
Decision
The Tribunal struck out both claims on two grounds: the claimants had not obtained the required court permission to continue proceedings against a company in compulsory liquidation under the Insolvency Act 1986, and the claimants failed to provide acceptable reasons for not actively pursuing their claims.
Practical note
When a respondent enters compulsory liquidation, claimants must obtain court permission under the Insolvency Act 1986 to continue employment tribunal proceedings, and failure to actively pursue claims can result in strike-out.
Legal authorities cited
Statutes
Case details
- Case number
- 3310522/2023
- Decision date
- 3 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Nahgas Ltd
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No