Claimant v Liberty Carers Ltd (In Liquidation)
Outcome
Individual claims
The claimant had not secured 2 years continuous service as at the effective date of termination (employment commenced 10 September 2023 and ended 30 April 2024), which is the statutory qualifying period required to bring an unfair dismissal claim. The tribunal therefore had no jurisdiction to hear this claim.
The claimant did not have 2 years continuous service as at the effective date of termination, which is a statutory requirement for entitlement to a statutory redundancy payment. The claim was therefore dismissed on jurisdictional grounds.
The respondent company was in compulsory liquidation. The tribunal does not have jurisdiction to hear a breach of contract claim against a company in liquidation without leave of the Court or consent of the liquidators. Neither leave nor consent had been obtained, so the claim was dismissed.
Facts
The claimant was employed by Liberty Carers Ltd from 10 September 2023 to 30 April 2024, a period of approximately 7 months. She brought claims for unfair dismissal, redundancy payment, and breach of contract. The respondent company was in compulsory liquidation and did not enter an appearance or file a defence. No ET3 was submitted.
Decision
The tribunal dismissed all claims. The unfair dismissal and redundancy payment claims failed because the claimant had less than two years' continuous service, which is the statutory qualifying period for both claims. The breach of contract claim was dismissed because the tribunal lacked jurisdiction to hear claims against a company in compulsory liquidation without leave of the Court or consent of the liquidators, neither of which had been obtained.
Practical note
Even where a respondent is in liquidation and does not defend a claim, the tribunal must still satisfy itself that it has jurisdiction, including verifying qualifying service periods and checking whether special rules apply to insolvent companies.
Legal authorities cited
Statutes
Case details
- Case number
- 6002827/2024
- Decision date
- 2 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 7 months
Claimant representation
- Represented
- No