Claimant v Surgo Construction Limited (in Administration)
Outcome
Individual claims
The claim was struck out because the respondent was in administration and the administrator did not give permission for the claimant to proceed with the claim for notice pay. The claimant failed to make representations or request a hearing as to why the claim should not be struck out.
Facts
The claimant brought a claim for notice pay against Surgo Construction Ltd, which had entered administration. The tribunal wrote to the claimant on 25 September 2024 giving him an opportunity to make representations or request a hearing as to why the claim should not be struck out, given that the administrator had not given permission for the claim to proceed.
Decision
The tribunal struck out the claim because the claimant failed to make written representations or request a hearing in response to the tribunal's letter. Without the administrator's permission, the claimant could not proceed with his notice pay claim against the company in administration.
Practical note
When a respondent is in administration, a claimant must obtain the administrator's permission to proceed with certain claims, and failure to engage with the tribunal's directions on this issue will result in the claim being struck out.
Legal authorities cited
Case details
- Case number
- 2500742/2024
- Decision date
- 4 November 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No