Mr B Dobson v Thrive Together Social Care Ltd (In Voluntary Liquidation): 6023794/2025
JUDGMENT
The Judgment of the Employment Tribunal is as follows: The hearing is adjourned to allow service of the claim form on the Secretary of State for Business and Trade.REASONS
[1]The claimant has brought a claim for breach of contract and unauthorised deduction from wages in respect of a) a shortfall in his wages in March 2025 and b) non-payment of his garden leave in April 2025. The respondent is a limited company which is in voluntary liquidation.[2]Notice of the claim and of today’s hearing was sent to the parties on 27 June 2025. This required the respondent to complete and submit a response to the claim by 25 July 2025. The respondent failed to do so.[3]The tribunal wrote to the claimant by letter dated 9 August 2025 advising him that the respondent had not presented a response. The letter further indicated that whilst it was possible for a judgment to now be issued, an Employment Judge had determined that it was not possible to do this without further information as to the amounts that the claimant was seeking. The claimant was therefore required to provide the information set out in the letter within seven days of its date. The claimant did not respond to this letter. Case No: 6023794/2025[4]The hearing was scheduled to start at 2 pm. However it was initially unallocated to an Employment Judge. I became available and commence the hearing at 2.20 pm. Neither party was present in the Cloud Video Platform room. I asked my clerk to telephone the claimant but having done so she was not able to obtain a response. We only had a postal address for the respondent. I waited until 3 pm but there was still no contact from the claimant and neither party was present in the hearing.[5]I therefore decided to adjourn the hearing because under rule 95 of the Employment Tribunal Procedure Rules 2024, the claim should have been served on the Secretary of State for Business and Trade, given that the claimant is seeking sums of money which may involve a payment out of the National Insurance Fund as guaranteed debts. I would have taken this action had the claimant attended in any event.[6]I will instruct the administration to serve the claim on the Secretary of State for Business and Trade at the following address: Employment Tribunal Section, PO Box 16684, Birmingham B2 2EF. Employment Judge Tsamados Date: 9 December 2025 Public access to Employment Tribunal Judgments All judgments and written reasons for the judgments are published online shortly after a copy has been sent to the Claimant(s) and Respondent(s) in a case. They can be found at: www.gov.uk/employment-tribunal-decisions.