Miss A Hussain v Coco’s Dessert Factory Ltd: 2600829/2018
JUDGMENT
[1]The Respondent is ordered to pay to the Claimant £940.80 NET in respect of an unlawful deduction of wages.[2]The Respondent is ordered to pay to the Claimant damages for breach of contract for failure to give notice of termination of £679.46 NET. [Total £1,620.26]REASONS
[1]At a hearing on 23 November 2018 judgment was made in favour of the Claimant. The judgement was sent to the parties on 18 January 2019.[2]At the hearing the Claimant attended and proved her claim. The Respondent did not attend nor was it represented.[3]It is not normal practice to undertake a company search immediately before a hearing unless there are good reasons to do so. There was reason to so in this case.[4]Since the judgment was issued and after it was sent to the parties it has come to my attention on other cases involving the same Respondent that the Respondent was in fact dissolved a few weeks before the hearing in this case took place. This was not known when the decision was made.[5]A recent company search recently shows that Coco’s Dessert Factory Limited was dissolved on 30 October 2018.[6]The effect of a company being dissolved (as opposed to Liquidation) is that no judgment can be issued against it as no entity is deemed to exist.[7]As a consequence, it is necessary for the Tribunal of its own motion to revoke the judgment of 23 November 2018. _____________________________________ Employment Judge Ahmed Case No: 2600829/2018 Page 2 of 2 Date: 5 April 2019[1]By a letter dated 20 August 2019 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.