Mr D Vice v Omega Travel Ltd (In Liquidation): 3333942/2018

EMPLOYMENT TRIBUNALS
Case No 3333942/2018
Mr D ViceClaimantOmega Travel Ltd (In Liquidation)Respondent
Employment Judge LaidlerIn person for claimantNot represented for respondentDate 7 August 2020

JUDGMENT

[1]The proceedings are stayed as the respondent is in compulsory liquidation and pursuant to s.124 of the Insolvency Act 1986 no action or proceedings may be instituted or continued without leave of the Court which made the Order.

REASONS

[1]These proceedings were issued by the claimant on 8 October 2018 in which he brought claims for a redundancy payment and unpaid wages. Case Number: 3333942/2018 (V)[2]The respondent went into compulsory liquidation on 12 November 2018. The claimant had previously confirmed that he has been paid a statutory redundancy payment. He confirmed at this hearing that he has received approximately £3,000 in respect of wages due to him.[3]The claimant wished to explain that he believed he had other claims about the way in which he had been treated. His attention was drawn to the letter of Employment Judge Foxwell which was sent to him on 9 March 2019 confirming that the only claims in the claim form were for a redundancy payment and unpaid wages. It was pointed out to the claimant in that letter that If he wished to bring new claims against different individuals or parties he would need to obtain an Early Conciliation certificate in respect of each of them and commence fresh proceedings. That has not been done.[4]It is therefore believed there are no other proceedings in this action. To give the claimant time however to consider the position the matter has been stayed. If he wishes to, he may apply for leave of the Court that made the Winding Up Order. He will however need to confirm what claim it is that he is pursuing.[5]The matter will be reviewed within 3 months from the date on which these reasons are sent to the parties.