Claimant v Changingday Ltd (In Liquidation)
Outcome
Individual claims
Claim struck out for non-pursuit. Respondent company was in compulsory liquidation. Claimant was notified of the need to obtain court consent under the Insolvency Act 1986 to continue proceedings. Claimant failed to obtain such consent and failed to respond to the tribunal's opportunity to provide reasons why the claim should not be struck out.
Facts
The claimant brought a claim against Changingday Ltd, which was in compulsory liquidation. Under the Insolvency Act 1986, the claimant was required to obtain court consent to continue proceedings against a company in liquidation. The claimant was notified of this requirement but failed to obtain consent. On 24 March 2025, the tribunal gave the claimant an opportunity to explain why the claim should not be struck out, but the claimant failed to respond within the time limit.
Decision
The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the basis that it had not been actively pursued. The claimant failed to obtain the necessary court consent to proceed against a company in liquidation and did not respond to the tribunal's request for reasons why the claim should not be struck out.
Practical note
Claimants pursuing claims against companies in compulsory liquidation must obtain court consent under the Insolvency Act 1986, and failure to do so or respond to tribunal directions will result in strike out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 8000687/2024
- Decision date
- 10 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No