Case 4104317/2023 · Employment Tribunal
Mr Pawel Cebula v [via interpreter - Ms Schoenborn- Joseph] Holdings Ltd (Now a dissolved company) — 2023
- Case reference
- 4104317/2023
- Decision date
- 3 November 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge R McPherson
Parties
2 namedClaimant
Mr Pawel Cebula
Key findings
Tribunal's reasoningMr Pawel Cebula presented his claim on 16 August 2023 after ACAS conciliation began on 14 August 2023 and the ACAS certificate issued on 15 August 2023. No ET3 response was filed. The claimant said his employment had started on 26 April 2021 and ended on 4 June 2023, and he advanced three claims arising from the termination: redundancy payment of £1,650, unpaid wages of £1,650, and accrued holiday pay of £560. He had provided vouching for his calculations, including wage slips.
Before the hearing, the Tribunal wrote to Companies House on 20 October 2023 because there was a proposal to dissolve the respondent and proceedings were ongoing. The respondent was then dissolved by compulsory strike-off on 24 October 2023. The Tribunal held that, in those circumstances, an application to the court to restore the respondent, together with a request to sist the Tribunal proceedings pending restoration, would not provide an effective remedy, and no such request for sist was made by the claimant.
The Tribunal therefore struck out the claim under Rule 37 of the Employment Tribunals Rules of Procedure on the basis that the respondent was now a dissolved company, the Tribunal had no jurisdiction, and the claim had no reasonable prospect of success.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Claimed as a redundancy payment of £1,650 following termination of employment on 4 June 2023; the claim was struck out because the respondent had been dissolved. | Struck out | — | — |
| Unlawful deduction from wages | Claimed for unpaid wages of £1,650; the claim was struck out because the respondent had been dissolved. | Struck out | — | — |
| Holiday pay | Claimed for accrued holiday pay of £560; the claim was struck out because the respondent had been dissolved. | Struck out | — | — |
Legal tests applied
3 references- Rule 37 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
- Rule 37(1)(a)
- no reasonable prospect of success
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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