Mr I Popenco v TA Boxall & Co. Limited (in administration) — 2023

Mr I Popenco presented his claim on 23 November 2022 seeking a redundancy payment and unpaid wages against TA Boxall & Co. Limited (in administration). The respondent had entered administration on 10 November 2022 and no response was received. At a hearing on 18 May 2023, Judge Illing identified that the claim form had originally been sent to the wrong registered office after the administration and ordered it to be re-served, with the claimant to seek the administrator's consent for the claim to continue by 31 August 2023.

At the final hearing on 6 September 2023 before Employment Judge Russell, neither party attended and there was no message about any difficulty attending. The tribunal noted that the claim form had been re-served but no response had been received and the claimant had not corresponded with the tribunal. On that basis, the tribunal found there was no administrator consent to the claim being pursued.

The judge concluded it was not in the interests of justice or the overriding objective to postpone the hearing again. The tribunal therefore dismissed the claims pursuant to rule 47 of the Employment Tribunal Rules of Procedure 2013. No monetary award was made.