Miss N Kennedy v Atlantic Resource (Service) Ltd — 2020

The claimant, Miss N Kennedy, presented an ET1 on 15 January 2020 bringing a sex discrimination claim. In box 2.1 she wrote “Simon James” as the respondent, while in box 2.2 she wrote “Atlantic Resource”; the early conciliation certificate also named “Atlantic Resource”. The claim was served naming Simon James as respondent. The respondent argued that the tribunal lacked jurisdiction and that the claim should be rejected under Rule 10(1)(c)(i) and Rule 12(1)(f) of the Employment Tribunal Rules of Procedure 2013.

Employment Judge Moore accepted the claimant’s account that she had no experience of completing these forms and did not understand the distinction between the legal respondent and the person she perceived to have carried out the alleged discriminatory acts. The claimant said the naming error was a simple mistake and explained that she had severe anxiety and depression and could not afford legal representation. The judge also noted that Mr James was the managing director of the respondent company and that the company name and address had been given in the ET1.

Applying Rule 12(2A), and having regard to the overriding objective, the judge held that the misnaming was a minor error and that it would not be in the interests of justice to reject the claim. The judge referred to Giny v SNA Transport Limited, Mist v Derby Community Health Services NHS Trust, and Chard v Trowbridge Office Cleaning Services Ltd. The result was that the claimant’s claim was accepted and the respondent’s jurisdictional objection failed. No merits finding or monetary remedy was recorded in this judgment.