Claimant v HMP Construction Limited 'In compulsory liquidation'
Outcome
Individual claims
Claim struck out for two reasons: (1) respondent company is in compulsory liquidation and permission of the court under the Insolvency Act 1986 has not been obtained to continue proceedings; (2) claimant failed to actively pursue the claim and did not provide an acceptable reason when given the opportunity by the tribunal on 8 May 2025.
Facts
Mrs Godyn brought an employment tribunal claim against HMP Construction Limited. The respondent company entered compulsory liquidation. The tribunal gave the claimant an opportunity on 8 May 2025 to explain why the claim should not be struck out for lack of active pursuit, giving her 14 days to respond. The claimant failed to provide an acceptable reason.
Decision
The tribunal struck out the claim on two grounds: first, the respondent was in compulsory liquidation and the claimant had not obtained court permission to continue proceedings as required by the Insolvency Act 1986; second, the claimant had failed to actively pursue the claim and did not provide acceptable reasons when given the opportunity to do so.
Practical note
Claims against companies in compulsory liquidation require court permission to proceed under the Insolvency Act 1986, and unrepresented claimants risk strike-out if they fail to actively pursue their claims or respond to tribunal directions.
Legal authorities cited
Statutes
Case details
- Case number
- 3308900/2023
- Decision date
- 23 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No