Cases3315199/2022

Claimant v Movingfeast (in administration)

23 July 2025Before Regional Employment Judge FoxwellLondon Easton papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out because respondent is in administration and claimant failed to obtain consent of Administrator or permission of court to continue proceedings as required by Insolvency Act 1986. Claimant also failed to actively pursue claim and did not provide acceptable reasons when given opportunity to do so.

Facts

The claimant Mr Al-om brought employment tribunal proceedings against Movingfeast, a company in administration. The tribunal wrote to the claimant on 29 May 2025 inviting him to provide reasons why the claim should not be struck out for failing to actively pursue it. The claimant failed to provide acceptable reasons.

Decision

The tribunal struck out the claim on two grounds: first, the claimant had not obtained the consent of the Administrator or permission of the court to continue proceedings as required by the Insolvency Act 1986; second, the claimant failed to actively pursue the claim and could not provide acceptable reasons when given the opportunity.

Practical note

Claims against companies in administration require either the Administrator's consent or court permission to proceed, and failure to obtain this or to actively pursue the claim will result in strike-out.

Legal authorities cited

Statutes

Insolvency Act 1986

Case details

Case number
3315199/2022
Decision date
23 July 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
hospitality
Represented
No

Claimant representation

Represented
No