PR manager's claim struck out after two-and-a-half-year silence
An employment tribunal struck out a former PR and community manager's claims of sexual harassment and victimisation after she failed to pursue them for over two and a half years, following the respondent's liquidation.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed as PR and Community Manager from 16 November 2015 until July 2017.
- The claimant presented claims of unfair dismissal, redundancy, notice, holiday, sexual harassment, and victimisation.
- The unfair dismissal claim was struck out for lack of two years' continuous service.
- The redundancy pay claim was withdrawn.
- The respondent company went into liquidation and was dissolved in August 2020.
- The claimant did not contact the tribunal for over two and a half years, leading to the claim being struck out.
Timeline
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Employment started
Claimant began work as PR and Community Manager.
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Dismissal
Claimant was dismissed, allegedly for redundancy.
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ET1 presented
Claimant presented claims of unfair dismissal, redundancy, notice, holiday, sexual harassment, and victimisation.
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Previous strike-out application rejected
EJ Balogun rejected an earlier application to strike out or for a deposit order.
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Preliminary hearing
EJ Phillips struck out unfair dismissal and redundancy pay claims, dismissed claims against individual respondents, and rejected strike-out/deposit order application for remaining claims.
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Liquidation notified
Tribunal notified claimant that respondent was in liquidation.
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Respondent dissolved
Arjuna Seth Shoes Limited was dissolved.
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Final judgment
EJ Dyal struck out the entire claim due to claimant's failure to pursue it for over two and a half years.
The legal issue
The tribunal had to decide whether to strike out the remaining claims (notice, holiday, sexual harassment, victimisation) for non-prosecution after the claimant failed to contact the tribunal for over two and a half years, and after the respondent company had gone into liquidation and been dissolved.
The outcome
The tribunal struck out the entire claim due to the claimant's failure to pursue it for over two and a half years.
Key reasons:
- The claimant did not contact the tribunal or take any steps to progress her claim after being notified of the respondent's liquidation in April 2019.
- The respondent company was dissolved in August 2020, making it impossible to proceed.
- The delay was inordinate and inexcusable, and there was no realistic prospect of a fair hearing.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- If your employer goes into liquidation, you must still actively pursue your tribunal claim or it may be struck out.
- Failing to contact the tribunal for over two years is likely to be seen as an inordinate and inexcusable delay.
- A claim can be struck out even if it had potential merit, if you do not progress it in a timely manner.
- Check whether your employer has insurance or assets to meet any award before pursuing a claim against a company in liquidation.
A claim that ran out of steam
This case shows what can happen when a tribunal claim is left to gather dust. The claimant, a PR and community manager, had brought a wide-ranging claim against her former employer, Arjuna Seth Shoes Limited, including allegations of sexual harassment and victimisation. But after the company went into liquidation in 2019, the claimant did nothing to progress her case for over two and a half years.
The consequences of inaction
The tribunal had little choice but to strike out the claim. The respondent company had been dissolved, so there was no one to defend the case. Even if the claim had merit, the tribunal could not hold a fair hearing without a respondent. The claimant's delay was described as 'inordinate and inexcusable', and the claim was dismissed in its entirety.
What this means for similar claims
If you have a claim against an employer that goes into liquidation, you need to act quickly. You may be able to pursue a claim against the company's insurers or, in some cases, against individual directors. But you cannot simply wait and hope the situation resolves itself. Tribunals expect claims to be pursued actively, and a long period of silence can be fatal to your case, regardless of its original merits.
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