Claimant v ARJ Construction Limited (in Administration)
Outcome
Individual claims
Struck out for non-pursuit after the claimant failed to make representations or request a hearing following tribunal letters dated 30 December 2024 and 11 February 2025.
Struck out for non-pursuit after the claimant failed to make representations or request a hearing following tribunal letters dated 30 December 2024 and 11 February 2025.
Facts
The claimant brought claims for unpaid wages and a redundancy payment against ARJ Construction Limited (In Administration) and the Secretary of State for Business & Trade. The tribunal sent letters on 30 December 2024 and 11 February 2025 giving the claimant an opportunity to make representations or request a hearing. The claimant failed to respond or make any sufficient representations. The judgment notes that a separate protective award was made by the tribunal on 2 January 2025.
Decision
The tribunal struck out the claims for unpaid wages and redundancy payment for non-pursuit, as the claimant failed to respond to tribunal correspondence giving opportunities to make representations or request a hearing. The judgment clarified that the strike-out does not affect the claimant's potential entitlement under a separate protective award made on 2 January 2025.
Practical note
Claimants must actively pursue their claims and respond to tribunal correspondence; failure to engage with the tribunal process will result in claims being struck out for non-pursuit, even where the respondent is insolvent.
Case details
- Case number
- 3306467/2024
- Decision date
- 10 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No