Claimant v Kimbardel (Eversfield) Ltd
Outcome
Individual claims
Claim struck out on two grounds: (1) respondent company is in administration and neither the Administrator's consent nor court permission was obtained to continue proceedings as required by Insolvency Act 1986; (2) claimant failed to actively pursue the claim and failed to give acceptable reasons when given opportunity on 04 February 2025.
Facts
J Webster brought an employment tribunal claim against Kimbardel (Eversfield) Ltd (case number 1406259/2023). The respondent company entered administration. On 04 February 2025, the Tribunal gave the claimant an opportunity to provide written reasons why the claim should not be struck out for failure to actively pursue it.
Decision
Employment Judge Bax struck out the claim on two grounds: first, the respondent company is in administration and the claimant had not obtained either the Administrator's consent or court permission to continue proceedings as required by the Insolvency Act 1986; second, the claimant failed to actively pursue the claim and did not provide acceptable reasons when given the opportunity to do so.
Practical note
When a respondent company enters administration, claimants must obtain either the Administrator's consent or court permission to continue tribunal proceedings, and failure to actively pursue a claim can result in strike-out even in insolvency situations.
Legal authorities cited
Statutes
Case details
- Case number
- 1406259/2023
- Decision date
- 3 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No