Claimant v First Endeavour LLP (in Compulsory Liquidation)
Outcome
Individual claims
Claim struck out under rule 37(1)(d) for failure to actively pursue. Claimant was advised in June 2024 to seek court permission to proceed given respondent's compulsory liquidation. Following a strike-out warning letter on 9 December 2024, the claimant failed to respond by the deadline of 23 December 2024 and did not request a hearing.
Facts
The claimant brought a claim against First Endeavour LLP, which entered compulsory liquidation. On 4 June 2024, the tribunal advised the claimant that court permission was required to proceed. The claimant failed to seek such permission or otherwise progress the claim. Following a strike-out warning letter sent on 9 December 2024 with a deadline of 23 December 2024, the claimant failed to respond or request a hearing.
Decision
The tribunal struck out the claim under rule 37(1)(d) on the grounds that it had not been actively pursued. The claimant was unrepresented, failed to obtain necessary court permission to proceed against a respondent in compulsory liquidation, and did not respond to the tribunal's strike-out warning.
Practical note
Claimants must obtain court permission to proceed with employment tribunal claims against respondents in compulsory liquidation, and failure to comply with tribunal directions will result in strike-out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 8000535/2024
- Decision date
- 27 December 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No