Elite EMS Ltd and Elite Emergency Medical Services Ltd (In administration)
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 barThe 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
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Case Details
Respondent
Elite EMS Ltd and Elite Emergency Medical Services Ltd (In administration)
- Case No.
- 3305531/2024
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 23 April 2026
- Published
- 26 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gumbiti-Zimuto