Claimant v First Endeavour LLP
Outcome
Individual claims
Claim struck out for non-pursuit under rule 38(1)(d). Claimant failed to obtain court permission to proceed against a respondent in compulsory liquidation despite being reminded on multiple occasions, and failed to respond to strike-out warning letter.
Facts
The claimant brought a claim against a respondent that was in compulsory liquidation. The tribunal wrote to the claimant on 11 June 2024 informing him that he needed court permission to proceed given the respondent's insolvency status. A reminder was sent on 12 December 2024 but the claimant did not respond. A strike-out warning letter was sent on 7 January 2025 requiring a response by 21 January 2025, but the claimant again failed to respond.
Decision
The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunals Procedure Rules 2024 on the basis that the claim was not being actively pursued. The claimant had failed to obtain the necessary court permission to proceed against an insolvent respondent and failed to respond to multiple tribunal communications including a specific strike-out warning.
Practical note
Claimants must obtain court permission before pursuing employment tribunal claims against companies in compulsory liquidation, and failure to respond to tribunal correspondence or take required procedural steps will result in strike-out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 8000399/2024
- Decision date
- 23 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No