Claimant v Unity Service Group Ltd (in compulsory liquidation)
Outcome
Individual claims
The claim was struck out for two reasons: (1) the respondent company is in compulsory liquidation and the claimant failed to obtain the required court permission under the Insolvency Act 1986 to institute or continue proceedings; and (2) the claimant failed to actively pursue the claim, providing no acceptable reason when given the opportunity to do so by the tribunal on 22 April 2025.
Facts
Miss Firth brought an employment claim against Unity Service Group Ltd. The respondent company entered compulsory liquidation. On 22 April 2025, the tribunal gave the claimant 14 days to explain why the claim should not be struck out for non-pursuit. The claimant failed to provide an acceptable reason or obtain the required court permission under the Insolvency Act 1986 to continue proceedings against the insolvent company.
Decision
The tribunal struck out the claim on two grounds: the claimant failed to obtain court permission as required by the Insolvency Act 1986 to proceed against a company in compulsory liquidation, and the claimant failed to actively pursue the claim or provide acceptable reasons when given the opportunity.
Practical note
Claimants must obtain court permission under the Insolvency Act 1986 before instituting or continuing employment tribunal proceedings against a company in compulsory liquidation, and failure to actively pursue a claim will result in strike-out.
Legal authorities cited
Statutes
Case details
- Case number
- 2408775/2023
- Decision date
- 9 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No