Mr M Dumny v Mr A Pledger — 2020

The claimant presented his claim after Acas early conciliation naming "Park House Restaurant and Wine Bar", while the ET1 named Mr A Pledger and the rider referred to Park House 20 Ltd. The Tribunal found, on the documents before it, that the claimant's employer was likely Park House 20 Limited, treating the reference to "20 Park House Limited" in the statement of main terms as a typographical error and relying on the employee handbook and payslips. It held that the difference between the Acas certificate name and the respondent name was a minor error and that the claim should not be rejected on that basis under Rule 12(2A).

Applying Rule 29 and the Selkent principles, the Tribunal amended the existing respondent from Mr Pledger to Park House 20 Limited and ordered the proceedings to be re-served. It also added Mr Adam Pledger as a second respondent only in relation to the disability discrimination complaints under Rule 34, because he was the person alleged to have made the relevant comment and was likely aware of the proceedings throughout. The Tribunal did not determine the merits of the wages or disability discrimination complaints and made no compensation award; it kept the presentation date as 25 September 2019 for limitation purposes.