Cases2500907/2024

Claimant v Surgo Construction Limited (in Administration)

2 June 2025Before Employment Judge ArullendranNorth Easton papers

Outcome

Claimant fails

Individual claims

Redundancy Paystruck out

Struck out for having no reasonable prospect of success because the administrator has not given permission for the claim to proceed against a company in administration.

Breach of Contractstruck out

Struck out for having no reasonable prospect of success because the administrator has not given permission for the claim to proceed against a company in administration.

Facts

Mrs Fox brought claims for redundancy payment and breach of contract against Surgo Construction Limited, which was in administration. The tribunal wrote to the claimant on 8 March 2025 giving her an opportunity to make representations as to why the claims should not be struck out for having no reasonable prospect of success, as the administrator had not given permission for the claims to proceed. The claimant failed to respond or request a hearing.

Decision

The tribunal struck out both the redundancy payment and breach of contract claims on the basis that they had no reasonable prospect of success because the administrator had not given permission for the claims to proceed, and the claimant failed to make any representations or request a hearing when given the opportunity.

Practical note

Claims against companies in administration require permission from the administrator to proceed, and failure to obtain such permission will result in claims being struck out for having no reasonable prospect of success.

Legal authorities cited

Case details

Case number
2500907/2024
Decision date
2 June 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
construction
Represented
No

Claimant representation

Represented
No