Vulcan Ellis (in Compulsory Liquidation)

Case Summary

The claimant's claim against Vulcan Ellis (in compulsory liquidation) was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024. The tribunal had written to the claimant on 14 March 2025 warning that High Court permission was required to continue the claim and that failure to respond would result in strike out. The claimant did not reply or provide any High Court order.

The claim was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024 because the claimant failed to actively pursue the claim. The claimant did not respond to the tribunal's warning letter of 14 March 2025 and did not obtain or provide the required High Court permission to continue proceedings against the respondent in compulsory liquidation.

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• •Whether claim can proceed against respondent in compulsory liquidation without High Court permission
• •Whether claim should be struck out for failure to actively pursue

EMPLOYMENT TRIBUNALS Claimant: James Bevan Respondent: Vulcan Ellis (in Compulsory Liquidation) JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 14 March 2025 warning them that: a. Because the Respondent was in compulsory liquidation the Claimant could not continue with their claim without an Order from the High Court granting that permission; b. If the Claimant obtained that permission, they should provide a copy of that Order to the Tribunal; and c. If the Tribunal did not hear from the Claimant, an Employment Judge would consider the claim in September 2025 and may decide to strike it out applying Rule 38 of the Employment Tribunal Procedure Rules 2024, because the claim has not been actively pursued. d. The claimant has not replied to the letter of 14 March 2025, and nor has the Claimant sent to the Tribunal any order from the High Court permitting the claim to continue. 2. I am satisfied that the grounds for striking out the claim under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the claim. 3. The claim is therefore struck out. Approved by: Employment Judge Ramsden Date: 15 th April 2026 Judgment sent parties on: Date: 30 th April 2026 For the Tribunal Office