Case 3202055/2018 · Employment Tribunal
Mr S Hawkins v JB Restaurants Company Ltd – (In compulsory liquidation) — 2021
- Case reference
- 3202055/2018
- Decision date
- 6 March 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Taylor
Parties
2 namedClaimant
Mr S Hawkins
Key findings
Tribunal's reasoningThe tribunal struck out the claim. It recorded that the respondent company was in administration and that neither the consent of the Administrator nor permission of the court had been obtained for the proceedings to be instituted or continued, as required by the Insolvency Act 1986. The tribunal also noted that on 6 January 2020 the claimant had been given an opportunity to provide written reasons why the claim should not be struck out for lack of active pursuit, but no acceptable reason was provided.
On that basis, Regional Employment Judge Taylor held that the claim should be struck out. No remedy was awarded and no substantive merits finding was made on the underlying wage or working time issues.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal struck out the claim as a whole because the respondent company was in administration and neither the Administrator's consent nor the permission of the court had been obtained as required by the Insolvency Act 1986; it also noted the claimant had not given an acceptable reason after being invited on 6 January 2020 to explain why the claim should not be struck out for lack of active pursuit. | Struck out | — | — |
| Working time regulations | The tribunal struck out the claim as a whole because the respondent company was in administration and neither the Administrator's consent nor the permission of the court had been obtained as required by the Insolvency Act 1986; it also noted the claimant had not given an acceptable reason after being invited on 6 January 2020 to explain why the claim should not be struck out for lack of active pursuit. | 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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