Mr T Szabo v United Group Ltd (a dissolved company) and Father Bull Ltd: 2301164/2016
JUDGMENT
It is the judgment of the Tribunal that the claim is struck out as against the First Respondent.REASONS
[1]On 23 June 2016 the Claimant presented a claim to the Tribunal naming the First Respondent as ‘United Group Limited’. At that date there was a registered company with that name, being company number 5146152. That company was dissolved on 22 November 2016 and consequently no claim can be made against it.[2]The Claimant was notified in accordance with rule 37(2) of the Employment Tribunal Rules of Procedure 2013 on 20 January 2017 of the proposal to make this judgment.[3]On 2 February 2017 the Claimant opposed the making of the judgment on the ground that there had been fraudulent trading within section 213 Insolvency Act 1986. That may or may not be the case, but it is not a matter over which the Tribunal has any jurisdiction.[4]The proceedings against the Second Respondent are not affected by this judgment.[1]By a letter dated 30 March 2017 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because it has not been actively pursued.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The claim is therefore struck out.