Mrs L Walker v The Leicester Dry Cleaning Company Ltd: 2600200/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing.[2]The Hearing listed for the 7/5/2021 is cancelled Employment Judge Swann Date: 8/4/2021 Case No:2600129/2021 2600200/2021 Page 1 of 2 EMPLOYMENT TRIBUNALS Claimants: Miss J Davidson Mrs L Walker Respondent: The Leicester Drycleaning Company Ltd At: Leicester On: 19 August 2021 Before: Employment Judge Ahmed (sitting alone) Representation Claimant: In person Respondent: No appearance or representationREASONS
[1]These two claims have been combined for a hearing on remedy. Both Claims are for a redundancy payment.[2]In both cases a liability judgement was made on 8 April 2021 with remedy to be determined at a later date.[3]A company search undertaken today reveals that the Respondent company was dissolved on 27 April 2021.[4]I have explained to the claimants that the effect of a company being dissolved is that there is no legal entity in existence against which a claim can be pursued. The claim can only be pursued if the company is restored to the Register of Companies.[5]I shall therefore stay this remedy hearing for a period of six months to see whether any application has been made to restore the Respondent to the Register and if so with what result. If no such application has been made, or if it is refused, Case No:2600129/2021 2600200/2021 Page 2 of 2 it is likely that the claimants will be asked to give reasons why the claims should not be struck out.[6]In the meantime it is possible that the Secretary of State (via the Redundancy Payments Office) may be willing to make payment having regard to the fact that the claimants obtained a liability judgement prior to the dissolution of the company. I have explained that the tribunal cannot give legal advice nor is it doing so in this instance. The claimants may wish to take independent legal advice on their position as to what steps they should take