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SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 3601
Experience:  Director and Principal Solicitor. UK
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I had raised a claim with employment tribunal for protective

Customer Question

I had raised a claim with employment tribunal for protective awards against insolvent company,they replied saying that I need to obtain court permission for the same,how should I go about it
Assistant: Was this discussed with a manager or HR? Or with a lawyer?
Customer: Noni myself raised it online by first registering with ACAS and then submitting claim to ET
Assistant: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Yes
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 6 months ago.
Category: Law
Expert:  SolicitorRM replied 6 months ago.

Hi thank you for your enquiry and your patience. I am reviewing now for you

Customer: replied 6 months ago.
Customer: replied 6 months ago.
The ET told me that I need to obtain court permission to initiate action against insolvent company as they are protected by insolvency act
Customer: replied 6 months ago.
Once I submit court copy then ET will proceed ahead, how to obtain court permission?
Expert:  SolicitorRM replied 6 months ago.

Yes that would be correct because once insolvent and off the companies register under normal circumstances you cannot take legal action against the company. It is not so straight forward so I would say get a solicitor with right of audience in the High Court to make the application for you.

The solution and what the ET is telling you to do is to make an application to the Chancery Court (High court) under Civil Procedure Rules Part 8 to restore the limited company to the Register of Companies under Section 1029 of the Companies Act 2006. This Act enables anybody with a potential legal claim against the limited company to apply to restore it to the Register of Companies. Once you make this application using Form N244 and attaching your witness statement and any evidence of your claim to the Chancery Division of the High Court and the application is also served on the Registrar of Companies. The Registrar may defend it but in most cases will consent to the company being reinstated. The Court order from the High Court confirming the reinstatement is what you will need to send to the ET and your ET claim can progress. I hope this helps and I would be grateful for your rating at your earliest convenience. All the best