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Company in administration [Scotland] so EAT cases "stayed" or "sisted"
TLDR; Confusion over "recalling a sist" in the Scottish court system where a company is in administration and this is needed to bring a Protective Award claim payable from the National Insurance fund.
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Full version:
Last year, I was made redundant from a company that did not follow the correct procedures in the redundancy process. This was with regard to the Trades Union and Labour Relation (Consolidation) Act 1992 (TULRCA) which applies where an employee is proposing to make 20 or more employees redundant in one establishment within a period of 90 days or less.
I initially started a Employment Tribunal claim for a Protective Award however the company later went into administration, so all claims have been stayed in line with the Insolvency Act 1986 - the moratorium in administration.
"A liquidation stay (when in force) has similar effects to a moratorium/interim moratorium in an administration under paragraphs 43 and 44 of Schedule B1 to the Insolvency Act 1986 (IA 1986)."
"A liquidation stay means that no action or proceedings can be commenced or continued with against the company in liquidation without the permission, or leave, of the court."
"No legal process (including legal proceedings, execution, distress and diligence) may be instituted or continued against the company or property of the company except—
(a)with the consent of the administrator, or
(b)with the permission of the court."
As the Protective Award is payable from the National Insurance fund, there is no detriment to the company in administration at this point, hence no real reason why they should prevent this. However, applying to the Administrators to allow the case to proceed was unsuccessful, so the option (in England & Wales) would be to apply to the court presumably with the N244 form - application notice to the court.
However, the company however is registered in Scotland. The court dealing with the administration is the Court of Session in Edinburgh, therefore under the Scottish court system rather than that of England & Wales.
This is the bit I am stuck on...
I don't know what is the equivalent of the N244 application notice for the Scottish court system is, and how the Scottish process would work? I think I understand that "stayed" is "sisted" in the Scottish system and that the stay needs to be lifted - which I think is to "recall a sist" - but I don't know what application form, or what could has jurisdiction over such things.
Can anyone point me in the right direction? Is this completely different to the England & Wales system or just different in the context of process names, court structure etc.
Thanks.
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Full version:
Last year, I was made redundant from a company that did not follow the correct procedures in the redundancy process. This was with regard to the Trades Union and Labour Relation (Consolidation) Act 1992 (TULRCA) which applies where an employee is proposing to make 20 or more employees redundant in one establishment within a period of 90 days or less.
I initially started a Employment Tribunal claim for a Protective Award however the company later went into administration, so all claims have been stayed in line with the Insolvency Act 1986 - the moratorium in administration.
"A liquidation stay (when in force) has similar effects to a moratorium/interim moratorium in an administration under paragraphs 43 and 44 of Schedule B1 to the Insolvency Act 1986 (IA 1986)."
"A liquidation stay means that no action or proceedings can be commenced or continued with against the company in liquidation without the permission, or leave, of the court."
"No legal process (including legal proceedings, execution, distress and diligence) may be instituted or continued against the company or property of the company except—
(a)with the consent of the administrator, or
(b)with the permission of the court."
As the Protective Award is payable from the National Insurance fund, there is no detriment to the company in administration at this point, hence no real reason why they should prevent this. However, applying to the Administrators to allow the case to proceed was unsuccessful, so the option (in England & Wales) would be to apply to the court presumably with the N244 form - application notice to the court.
However, the company however is registered in Scotland. The court dealing with the administration is the Court of Session in Edinburgh, therefore under the Scottish court system rather than that of England & Wales.
This is the bit I am stuck on...
I don't know what is the equivalent of the N244 application notice for the Scottish court system is, and how the Scottish process would work? I think I understand that "stayed" is "sisted" in the Scottish system and that the stay needs to be lifted - which I think is to "recall a sist" - but I don't know what application form, or what could has jurisdiction over such things.
Can anyone point me in the right direction? Is this completely different to the England & Wales system or just different in the context of process names, court structure etc.
Thanks.
