Claimant v OKA Direct Limited
Outcome
Individual claims
All claims dismissed on jurisdictional grounds. The tribunal found it had no jurisdiction to hear the claims because the claimant was bound by a moratorium on bringing or continuing proceedings against the respondent contained in a Company Voluntary Arrangement.
Facts
Mr Mamoon brought employment tribunal claims against OKA Direct Limited. The respondent was subject to a Company Voluntary Arrangement which included a moratorium preventing creditors from bringing or continuing proceedings against the company. At a preliminary hearing conducted remotely, the respondent argued the tribunal lacked jurisdiction to hear the claims.
Decision
The tribunal dismissed all claims on jurisdictional grounds, finding that the claimant was bound by the moratorium contained in the Company Voluntary Arrangement and therefore the tribunal had no jurisdiction to hear the proceedings against the respondent.
Practical note
Employment tribunal proceedings are subject to moratoria contained in Company Voluntary Arrangements, which can prevent claimants from pursuing their claims regardless of merit.
Legal authorities cited
Case details
- Case number
- 3306283/2024
- Decision date
- 3 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No