3305531/2024Struck out

Elite EMS Ltd and Elite Emergency Medical Services Ltd (In administration)

23 April 2026·Employment Tribunal·England & Wales·Employment Judge Gumbiti-Zimuto

Respondent

Elite EMS Ltd and Elite Emergency Medical Services Ltd (In administration)

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Decision date

23 April 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Gumbiti-Zimuto

Case Summary

The tribunal struck out the claim against Elite Emergency Medical Services Limited (the second respondent) which was in administration, as neither the Administrator's consent nor court permission had been obtained as required by the Insolvency Act 1986. The claimant also failed to provide an acceptable reason why the claim should not be struck out given lack of active pursuit. The claim against the first respondent, Elite EMS Limited, continues.

Why this outcome?

Jurisdictional bar

The claim against the second respondent was struck out because the company was in administration and the claimant had neither obtained the Administrator's consent nor court permission to continue proceedings as required by the Insolvency Act 1986, and the claimant failed to provide an acceptable reason why the claim should not be struck out after being given the opportunity to do so.

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Key Issues

  • Whether claim against second respondent in administration should be struck out
  • Failure to obtain Administrator's consent or court permission under Insolvency Act 1986
  • Claim not actively pursued

Original published judgment

The full source document is available from the official publication page.

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