Case 8000201/2024 · Employment Tribunal
Mrs A-L McPike v AWH Pro-tect CIC (In Liquidation) — 2024
- Case reference
- 8000201/2024
- Decision date
- 12 November 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge P O'Donnell
Parties
2 namedClaimant
Mrs A-L McPike
Respondent
Key findings
Tribunal's reasoningThe respondent, AWH Pro-tect CIC (In Liquidation), was in compulsory liquidation. The tribunal recorded that by letter dated 9 April 2024 the claimant was notified of the need to obtain the court's consent for the proceedings to be instituted or continued, as required by the Insolvency Act 1986, and that no such consent had been obtained.
On 23 October 2024 the tribunal gave the claimant an opportunity to explain why the claim should not be struck out for not having been actively pursued. The time limit for doing so expired without an acceptable reason being provided, and the tribunal struck out the claim under rule 37(1)(d) of the Employment Tribunals Rules of Procedure 2013. The judgment does not contain any merits findings or monetary award.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The judgment did not determine the merits of this head; the claim was struck out under rule 37(1)(d) because it had not been actively pursued. | Struck out | — | — |
| Redundancy | The judgment did not determine the merits of this head; the claim was struck out under rule 37(1)(d) because it had not been actively pursued. | Struck out | — | — |
| Unlawful deduction from wages | The judgment did not determine the merits of this head; the claim was struck out under rule 37(1)(d) because it had not been actively pursued. | Struck out | — | — |
| Working time regulations | The judgment did not determine the merits of this head; the claim was struck out under rule 37(1)(d) because it had not been actively pursued. | Struck out | — | — |
Legal tests applied
2 references- rule 37(1)(d) of the Employment Tribunals Rules of Procedure 2013
- Insolvency Act 1986 consent requirement
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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