Claimant v The Smiths Hospitality Limited
Outcome
Individual claims
The respondent company was dissolved and the claimant failed to apply for restoration to the Register of Companies. After a 6 month stay, the claimant failed to provide acceptable reasons for not actively pursuing the claim, leading to strike out for non-pursuit.
The respondent company was dissolved and the claimant failed to apply for restoration to the Register of Companies. After a 6 month stay, the claimant failed to provide acceptable reasons for not actively pursuing the claim, leading to strike out for non-pursuit.
Facts
The claimant brought an employment claim against The Smiths Hospitality Limited, which was subsequently dissolved. The Tribunal stayed the claim for 6 months to allow the claimant to apply for restoration of the company to the Register of Companies. The claimant failed to take action to restore the company and failed to provide acceptable reasons for not actively pursuing the claim.
Decision
The Tribunal struck out the claim for failure to actively pursue it. Despite being given 6 months to restore the dissolved respondent company to the Register and an opportunity to provide written reasons, the claimant failed to provide acceptable justification for the lack of progress.
Practical note
Claimants must take active steps to restore dissolved respondent companies to the Register and actively pursue their claims or risk strike out for non-pursuit.
Case details
- Case number
- 2401914/2024
- Decision date
- 9 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No