Claimant v Dasilad Limited (in creditors voluntary liquidation)
Outcome
Individual claims
The tribunal found that the claimant was not an employee within the meaning of s.230 Employment Rights Act 1996 at the time when the company entered liquidation. As a result, the claimant could not make a valid claim against the Secretary of State for payments from the National Insurance Fund.
Facts
The claimant brought a claim against her former employer, which had entered creditors voluntary liquidation, and the Secretary of State for Business and Trade. The first respondent did not attend the hearing. The claim appears to have been for payment of unpaid wages or other sums from the National Insurance Fund following the employer's insolvency.
Decision
The tribunal found that the claimant was not an employee within the statutory definition under s.230 Employment Rights Act 1996 at the relevant time. As employee status is a prerequisite for claims against the Secretary of State for payments from the National Insurance Fund, the claim was dismissed.
Practical note
Worker status is insufficient for claims against the Secretary of State following employer insolvency - full employee status under s.230 ERA 1996 is required.
Legal authorities cited
Statutes
Case details
- Case number
- 6018199/2024
- Decision date
- 20 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No