Former employees blocked from claiming unfair dismissal after company dissolved
Two former employees of Plant Hub Organic Ltd saw their unfair dismissal claims halted after the company was dissolved. One claim was withdrawn for lack of service, the other stayed pending restoration of the company.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The respondent company was dissolved on 6 September 2022.
- Mr Rivolta withdrew his unfair dismissal claim as he lacked two years' continuous service.
- Mr Alderuccio had continuous employment from 20 August 2018, including a TUPE transfer.
- The tribunal stayed the proceedings because the respondent is no longer a legal entity.
- Both claimants have other claims for unpaid wages, holiday pay, and breach of contract.
Timeline
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Mr Alderuccio's employment commenced
Mr Alderuccio started working for Plant Hub Limited.
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Mr Rivolta's employment commenced
Mr Rivolta started working for the respondent.
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Both claimants' employment terminated
Mr Rivolta and Mr Alderuccio were dismissed by the respondent.
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Respondent company dissolved
Plant Hub Organic Ltd was dissolved on application of the director.
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Hearing and judgment
Employment Judge Townley heard the case, dismissed Mr Rivolta's unfair dismissal claim, and stayed the proceedings due to the company's dissolution.
The legal issue
The tribunal had to decide whether the claimants had enough continuous service to bring unfair dismissal claims and whether the proceedings could continue after the company was dissolved.
The outcome
The tribunal dismissed Mr Rivolta's unfair dismissal claim after he conceded he did not have two years' continuous service. Mr Alderuccio, who had continuous service from August 2018 including a TUPE transfer, was allowed to proceed with his unfair dismissal claim, but all claims were stayed because Plant Hub Organic Ltd had been dissolved on 6 September 2022. The claimants must apply to restore the company to the register before the tribunal can hear their claims.
- Mr Rivolta's unfair dismissal claim: dismissed (withdrawn).
- Mr Alderuccio's unfair dismissal claim: stayed.
- Other claims (unpaid wages, holiday pay, breach of contract): stayed for both claimants.
Lessons & takeaways
- Check that your employer is still a legal entity before bringing a claim – if the company has been dissolved, you may need to apply to restore it to the register.
- You need two years' continuous service to claim unfair dismissal, unless the dismissal is for an automatically unfair reason.
- If your employment transferred under TUPE, your continuous service with the previous employer counts towards the two-year qualifying period.
- If the respondent does not attend the hearing, the tribunal can still make decisions based on the evidence before it.
This case shows how a dissolved company can bring employment tribunal proceedings to a halt, even when the underlying claims may have merit. Two former employees of Plant Hub Organic Ltd had their cases listed for a full hearing, only to discover that the company had been dissolved on the director's application after the claims were submitted. With no legal entity to pursue, the tribunal was unable to proceed.
What the tribunal decided
The tribunal first dealt with the unfair dismissal claims. Mr Rivolta conceded that he had not worked for the company long enough – his employment ran from June 2021 to January 2022, less than two years – so his unfair dismissal claim was dismissed. Mr Alderuccio, however, had continuous service from August 2018, including a period with a predecessor company that transferred under TUPE. The tribunal confirmed he had the necessary service to bring an unfair dismissal claim.
But that was not the end of the matter. Because the respondent company had been dissolved, the tribunal stayed all proceedings – including claims for unpaid wages, holiday pay and breach of contract. The claimants were told they would need to apply to the court to restore the company to the register before the tribunal could hear their cases.
What the respondent could have done differently
If the director of Plant Hub Organic Ltd had not dissolved the company, the tribunal would have heard the claims on their merits. The company's failure to engage with the proceedings – no ET3 was filed and no representative attended – meant the claimants were left without a remedy unless they take the additional step of restoring the company.
Why this matters
For employees, this case is a reminder that a claim is only as strong as the respondent's ability to defend it. If an employer dissolves their company, claimants may face extra hurdles and costs. It also highlights the importance of checking the respondent's status early in the process. For employers, dissolving a company does not automatically extinguish liability – the company can be restored and claims pursued.
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