Claim struck out after employer dissolved and claimant couldn't afford restoration
A former employee's unfair dismissal claim was struck out after her employer was dissolved and she could not afford the £585 fee to restore it to the register.
2 min read · Last updated 18 May 2026
Case details
- #dissolved-company
- #strike-out
- #failure-to-prosecute
Key facts
- The respondent company was dissolved on 26 October 2020.
- The claimant did not apply to restore the company to the Register of Companies.
- The claimant cited the cost of restoration as the reason for not pursuing the claim.
- The tribunal struck out the claim because there was no legal entity to proceed against.
Timeline
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Respondent dissolved
Revere Riverside Ltd was dissolved and struck off the Register of Companies.
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Preliminary hearing
A hearing was held by video before Employment Judge George. It emerged that the respondent had been dissolved.
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Order to show cause
The tribunal ordered the claimant to explain by 2 November 2022 what steps she had taken to restore the company.
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Claimant's response
The claimant wrote explaining she could not afford the restoration fees and had not obtained legal help.
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Judgment striking out claims
Employment Judge George struck out the claims because the respondent was dissolved and the claimant had not applied for restoration.
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Written reasons issued
Employment Judge George issued fuller written reasons for the strike-out.
The legal issue
The tribunal had to decide whether to strike out the claim because the employer company had been dissolved and the claimant had not taken steps to restore it to the Register of Companies, meaning there was no legal entity to pursue.
The outcome
The tribunal struck out the former employee's claim for unfair dismissal.
The key reason was that the respondent company, Revere Riverside Ltd, had been dissolved on 26 October 2020, and the claimant had not applied to restore it to the Register of Companies. The claimant explained that she could not afford the restoration fees (totalling £585) and had not obtained legal help.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- If your employer is dissolved during proceedings, you must apply to restore the company to the register to continue your claim.
- The cost of restoring a company (here £585) is a practical barrier, but tribunals will not keep a claim alive indefinitely if no steps are taken.
- Act promptly if your employer ceases to exist — delays can lead to strike-out even if you have a valid claim.
- Seek legal advice early if you cannot afford restoration fees; some options like pro bono help or cost waivers may be available.
This case shows what can happen when an employer company is dissolved before an employment claim is resolved. The former employee had brought an unfair dismissal claim against Revere Riverside Ltd, but the company was struck off the Register of Companies in October 2020 — before the claim could be heard.
At a preliminary hearing in May 2022, it emerged that the company no longer existed. The tribunal gave the claimant until November 2022 to explain what steps she had taken to restore the company. She responded that she had looked into the process but could not afford the £585 fee for restoration and court costs, and had been unable to get legal help. She asked if the former directors could pay her directly, but that was not a legal option.
What the tribunal decided
The tribunal struck out the claim. Employment Judge George acknowledged the claimant's difficult position but noted that without restoring the company, there was no legal entity to proceed against. The claimant had made a pragmatic decision not to pursue restoration due to cost, but that meant the claim could not continue. The judge found it would not be right to keep the case stayed indefinitely when there was no prospect of revival.
What could have been done differently?
The claimant could have applied to restore the company to the register, even if it meant saving up or seeking pro bono assistance. Alternatively, she could have explored whether any other legal entity (such as a parent company or individual directors) could be pursued, though that was not an option here. The key lesson is that a dissolved company cannot be sued — the only route is restoration, and tribunals expect claimants to take that step promptly.
Why this matters
This case is a reminder that employment claims are against the employer as a legal entity, not its directors or owners. If that entity ceases to exist, the claim cannot proceed unless it is restored. Claimants facing this situation should act quickly and consider all options, including seeking help from legal advice charities or applying for fee waivers, to avoid their claim being struck out.
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