Mr I Popenco v TA Boxall & Co Ltd (in Administration): 3205649/2022
JUDGMENT
All claims are dismissed.REASONS
[1]The Claimant presented his claim form on 23 November 2022 seeking a redundancy payment and unpaid wages. The Respondent had already entered into administration on 10 November 2022. No Response was received.[2]At the final hearing before EJ Illing on 18 May 2023, the Judge identified that the claim form had not been sent to correct registered office (it had changed as a result of the administration) and that the Respondent had been in administration before the claim had been presented. As a result, she ordered that the claim form be re-served on the updated address and that by 31 August 2023, the Claimant seek the consent of the administrator to enable the claim to continue.[3]The Notice of Hearing for today’s hearing was sent on 24 June 2023. Neither the Claimant, the Respondent or any representative attended. Nor was there any message suggesting that either was experiencing connection difficulties or that there was a problem with the date.[4]Since the last hearing, the claim form was re-served but there remains no Response received. The Claimant has not corresponded at all with the Tribunal. The effect is that there is no administrator consent to the claim being pursued. Case Number: 3205649/2022[5]It is not in the interests of justice or the overriding objective to postpone the hearing yet again. In the circumstances, I have dismissed the claims pursuant to rule 47 of the Employment Tribunal Rules of Procedure 2013.