Case 1800655/2022 · Employment Tribunal
Mr M Mccarthy v CNIM UK Limited — 2022
- Case reference
- 1800655/2022
- Decision date
- 22 December 2022
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
Mr M Mccarthy
Respondent
Key findings
Tribunal's reasoningBy a letter dated 1 November 2022, the Tribunal gave Mr Mccarthy an opportunity to make representations or request a hearing on whether the claim should be struck out because CNIM UK Ltd was in administration. The Tribunal had previously explained that the Insolvency Act 1996 prevented the case from continuing without the Administrator's consent or permission of the court overseeing the administration.
Mr Mccarthy replied by letter dated 2 November 2022 and confirmed that he had obtained neither consent nor permission. He said he was nevertheless entitled to pursue the claim and addressed an issue about the number of redundancies in one establishment, but the Tribunal said that issue could only have been considered if the required consent or permission had first been obtained.
The Tribunal held that, without that consent or permission, it was prohibited from considering the claim. It described this as an absolute prohibition and concluded that the claim had not been actively pursued because the necessary consent or permission had not been obtained, so a fair trial of the issues could not take place. The case was therefore struck out. No remedy was awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The reasons only record that 'the claim' was struck out. The substantive cause or causes of action are not identified in the decision text. | Struck out | — | — |
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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