Claimant v Carillion Services Limited
Outcome
Individual claims
The claims were struck out under Rule 37(1)(d) for not being actively pursued. The respondent companies have been in compulsory liquidation since January 2018, and claimants required but failed to obtain court permission to pursue their remaining claims. Despite being given an opportunity on 22 December 2023 to make representations, claimants did not reply.
Facts
160 claimants brought claims against six Carillion group companies, all of which entered compulsory liquidation in January 2018. Protective award claims under TULRCA 1992 were granted permission and determined. However, none of the claimants obtained court permission to pursue their remaining claims against the insolvent respondents. The tribunal wrote to claimants on 22 December 2023 giving them an opportunity to make representations as to why claims should not be struck out, but received no response.
Decision
The tribunal struck out all remaining claims under Rule 37(1)(d) for not being actively pursued. The claimants had failed to obtain necessary court permission to continue proceedings against respondents in compulsory liquidation and did not respond to the tribunal's invitation to make representations.
Practical note
When a respondent enters compulsory liquidation, claimants must obtain court permission to pursue employment tribunal claims and failure to do so will result in strike out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 2402492/2018
- Decision date
- 6 February 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No