Mrs M Begley v The Edinburgh Woollen Mill (Group) Limited — 2022

The tribunal struck out Mrs M Begley's claim against Edinburgh Woollen Mill Ltd (In Administration). The judgment records that Employment Judge Adkinson had previously directed, by letter dated 22 January 2022, that because the respondent was in administration, proceedings could not be instituted or continued without permission of the Court or administrator under schedule B1 paragraph 43(6) of the Insolvency Act 1986. The case was therefore stayed for six months pending the administration ending, administrator consent, or Court permission.

The tribunal contacted the claimant on 9 August 2022 and asked her to provide an update by 16 August 2022, but no response was received. A strike out warning was then sent to the parties, warning the claimant that the tribunal was considering striking out the claim because it was not being actively pursued and inviting written reasons or a hearing request by 23 September 2022. The claimant did not reply and no representations were received.

The tribunal found that the claimant had failed to make representations explaining why the claim should not be struck out on the ground that it had not been actively pursued. The claim was therefore struck out. No remedy was awarded or addressed in the judgment.