Mrs C Hickery v Discount Stores Shirehampton Ltd (now dissolved) and Mr V Patel: 1405996/2020
JUDGMENT
[1]The claim against the first respondent is struck out.[2]The second respondent is dismissed from proceedingsREASONS
[1]In light of there being no appearance from the respondent today and after discussion with the claimant I explained to the claimant that I had done a Company House search that morning which revealed that R1 had been dissolved on 18 May 2021. The claimant confirmed she was unaware of this.[2]The claimant confirmed that she understood that the correct respondent was R1 and on that basis she was content that I dismiss R2. The claimant confirmed that she did not believe that R2 had continued trading the business previously operated by R1.[3]I explained to the claimant that this meant that her claim could not proceed in the Employment Tribunal, as there is no legal entity in existence against which it can be pursued.[4]I explained that the claim could only continue to be be pursued against R1 if she indicated that she wished to make an application to restore R1 to the Companies House register. The claimant confirmed that she did not wish to make such an application and would have no idea how to do so.[5]I explained to the claimant that I had already read all of the material that she would have wanted me to consider today, prior to the discovery that R1 had been dissolved. I indicated that on the face of that information it appeared to establish that she had been made redundant on 26 June Case No: 1405996/2020 2020, that her employment was continuous from March 2005 and that her redundancy entitled was a sum of £6,951.38. I explained that I was unable to issue any judgement or order reflecting this for the reasons already given.[6]The claim is therefore struck out.