Mr R Woodlands and others v Nest 247 Ltd (in Compulsory Liquidation): 2408824/2021 and others

EMPLOYMENT TRIBUNALS

Case No 2408824/2021

Between

Mr R Woodlands & others (see attached schedule)Claimant

Nest 247 Ltd (in compulsory liquidation)Respondent

Before

Employment Judge Howard

Date 17 February 2023

JUDGMENT

The claims are struck out.

REASONS

[1]The respondent company is in compulsory liquidation. On 2nd March 2022, an Employment Judge wrote to the claimants informing them of the situation and explaining that the Insolvency Act 1986 provides that legal proceedings cannot be continued against the company without the permission of the court. As the letter explained, it was the claimants’ responsibility to apply to court for such permission.

[2]The permission of the Insolvency and Companies Court has not been obtained for these proceedings to be instituted or continued as required by the Insolvency Act 1986.

[3]On 20 January 2023 the Tribunal gave the claimants an opportunity to give written reasons within 14 days why the claims should not be struck out as they have not been actively pursued. Ms Traynor replied that she still wanted her claim to be taken into consideration and Mr Hartshorn replied that he understood that ACAS was dealing with his claim. Both claimants may be under a misapprehension, however the letter of 2nd March 2022 was sent to all claimants and is clear that the responsibility for making an application to the appropriate court lies with the claimants. Accordingly, the Employment Judge is satisfied that these claims are no longer actively pursued, court consent has not been obtained and the claims are therefore struck out.