Terry Boateng v FutureFuel Technology Limited — 2020

The case was listed for final hearing on 30 November 2020 in respect of claims described as redundancy payments, unpaid wages and compensation. The claimant appeared in person and the respondent appeared in person before Employment Judge Beckett sitting alone. The ET1 was received on 19 December 2019 and the ET3 was filed on 7 February 2020.

At the hearing, the claimant confirmed that he could not pursue a redundancy pay claim because he had not worked for the respondent for the requisite 2 year period. The respondent accepted that the claimant was owed 2 months' wages. No final determination or monetary award was made on either issue in this decision.

The tribunal checked Companies House and found that FutureFuel Technology Limited was in compulsory liquidation, following a winding up order made on 18 February 2020. The tribunal recorded that, because of the compulsory liquidation, the Insolvency Act 1986 prevented legal proceedings from being instituted or continued against the company without permission of the court.

The judgment therefore stayed the proceedings. It noted that if the claimant later obtained permission to continue the claim, he should send the court order to the Employment Tribunal office immediately, and that an Employment Judge would consider the position again in 6 months. If no application was made, or if permission was refused, the judge indicated the claim might be considered for strike out for not being actively pursued. The written judgment also records that if the claimant decided to abandon the claim, the tribunal had to be informed in writing that it was withdrawn.