Protective Payment advice needed please

[Yorkbased]

My employer went into administration last year owing notice and redundancy to all employees. We have been able to claim for these through the RPS. We also started a claim for a Protective Payment as none of us were given advance of losing our jobs. We went through the ACAS process and commenced a tribunal - the last letter from this states that ‘The respondent is now in Compulsory Liquidation and the liability of the administrator is discharged. No action can proceed without leave of the high court’. I spoke to someone from the Tribunal service - at first they said there was nothing we needed to do, then he changed this and said I needed to contact the relevant Court and request leave to Proceed. I have the name of the judge who issued the winding up and i believe they are based in London but I have no idea where to go next. Can anyone offer any advice on how I get this? Can i do it on line or do I need to ring and speak to someone?

[atticus]

Do you understand that if a company is in liquidation it is because it is insolvent, it has no money? Take a look at the administrator's reports filed at Companies House.

Find out who the liquidator is and file a claim with him.

What do you hope to achieve by continued action?

[Yorkbased]

Yes, I fully understand that, thank you for pointing that part out. The Redundancy Payment Service will be making the payment to us - to do this they need confirmation from the tribunal service that we are eligible to receive it. The Tribunal service have confirmed they will do this but only if we get leave of the high court.

[atticus]

ULA - is what the OP says right? I don't think it is.

[ULA]

Have you actually had a Tribunal judgement in respect of the protective award?

You issued the last letter stating "...that ‘The respondent is now in Compulsory Liquidation and the liability of the administrator is discharged."?

[Yorkbased]

We haven’t received the tribunal judgement yet. It’s stopped until we get leave of the high court

[ULA]

Effectively because the company is "wound up" your ex-employer is protected by a "stay" on issuing or continuing legal proceedings and this can only be lifted with the consent of either the administrator or the court under the Insolvency Act 1986. The ET has determined that this will be the court.

You will need to make an Application to the High Court for a consent order to be allowed to continue proceedings at the ET. This I think needs to be done under the Civil Procedure Rules (CPR) Part 23, although CPRs are not my area of expertise atticus may be able to assist. However, I believe that there would be a court fee for doing this and you will need to consider this against what you are claiming, which will be up to 90 days of pay.

[Yorkbased]

Thank you very much for your help! This is the most constructive advice I have had so far as most other parties seem unable or unwilling to assist!

[ULA]

Glad that the LB team can assist.