Claimant v CrossAcre Tippers Limited
Outcome
Individual claims
Claim struck out because the respondent company has been dissolved and not restored to the Register of Companies, and the claimant failed to actively pursue the claim or provide acceptable reasons why it should not be struck out after being given an opportunity on 18 November 2024.
Facts
The claimant brought an employment claim against Crossacre Tippers Limited. The respondent company was subsequently dissolved. The tribunal gave the claimant an opportunity on 18 November 2024 to provide written reasons why the claim should not be struck out for failure to actively pursue it, particularly given the company's dissolution and the claimant's failure to restore it to the Register of Companies.
Decision
The tribunal struck out the claim on two grounds: first, the respondent company has been dissolved and the claimant has not successfully applied to restore it to the Register of Companies; second, the claimant failed to provide acceptable reasons for not actively pursuing the claim after being given an opportunity to do so.
Practical note
Claims against dissolved companies will be struck out unless the claimant takes steps to restore the company to the register, and claimants must respond adequately to tribunal directions to avoid strike-out for non-pursuit.
Case details
- Case number
- 3301863/2023
- Decision date
- 28 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- No
Claimant representation
- Represented
- No