Mr J Roberts and Mr J Parsons v All 4 Leisure Ltd (Dissolved): 1400556/2022 and 1400873/2022
JUDGMENT
[1]The claimant’s’ claims will stand dismissed without further order unless either claimant notifies the tribunal in writing within 14 days of the date of promulgation of this judgment that he intends to apply to restore the respondent company to the company register. ---1--- Case Number : 1400556/2022 1400873/2022REASONS
[1]Both claimants have brought claims for unpaid wages and unpaid holiday pay against the respondent. The case was listed for hearing today on 24th February 2022 and notice sent to Mr Roberts. Subsequent to that the two claims were linked but it does not appear that a separate notice of hearing was sent to Mr Parsons, and it maybe that he was not aware of the hearing today.[2]In any event the respondent has not entered a response to either claim which would ordinarily mean that the EJ could enter default judgments for both claimants. However a company search reveals that the respondent company was dissolved on 5th July 2022 . The result is that the respondent no longer exists as a legal entity and it is not possible to enter judgment against it.[3]If either claimant wishes to pursue the claims they will need to apply to Companies House to restore the respondent to the register. If this is done then judgment could be entered. However there may be a fee for this and there is no guarantee that if judgment were entered that the claimants would be able to enforce it and obtain any sums owing unless the respondent company has any assets. The EJ cannot advise the claimants as to whether they should or should not attempt to restore the respondent company to the register but unless they notify the tribunal within 14 days that they intend to do so their claims will be dismissed.