M Dzazga v AVO Distribution Group Ltd: 3200515/2024
JUDGMENT
The claim is dismissedREASONS
[1]The Claimant left the employment of the Respondent on 31 December 2023 but says that she was not paid for December 2023.[2]She lodged this claim on 01 March 2024.[3]However, Companies House records that on 22 April 2024 the Respondent was placed into creditor’s voluntary liquidation.[4]The insolvency practitioner is David Kemp of spf group, 9 Ensign House, Admirals Way, Marsh Wall, London E14 9XQ.[5]Correspondence sent to him at that address has not resulted in any communication from the liquidator. Nor would that office tell me who was the case handler when I telephoned them this morning, saying only that the person was not available.[6]A claim against a company that is in liquidation cannot proceed unless the liquidator consents. As he has not consented, I cannot deal with the claim.[7]I decided to dismiss the claim, not because it has no merit – there is no reason to doubt the Claimant – but because she can claim from the liquidator as a creditor. Case Number: 3200515/2024[8]If the liquidator does not have the funds to pay her December wages (of £2,916 gross) the Claimant may claim from the Government. Her wages, at £692 a month, were below the compensation maximum weekly wage of £700 and so she should receive all she says she is owed.[9]The claim is lodged online at https://www.gov.uk/your-rights-if-your-employer-isinsolvent/what-you-can-get .