Mr. A El Imam Elalaoui v Mrs. Naima El-Alaoui — 2020

This was a preliminary hearing on 11 November 2020, heard by Employment Judge P Klimov sitting alone. The tribunal considered the respondent's application to postpone, but refused it, finding that the notice of hearing had been properly sent to the respondent's address, that her daughter could attend and take instructions, and that there was no sufficient reason to delay a case that was already overdue for resolution.

On the central issue, the tribunal decided that Mrs Naima El-Alaoui was the claimant's employer and therefore the correct respondent. The judge relied on the claimant's employment contract, which named the respondent as employer and was signed by her in that capacity, together with evidence that she signed timesheets and gave instructions to the payroll company. The tribunal found no evidence that she had been acting merely as an agent for Ms Fatima Moustaoui.

The tribunal did not determine the merits of the unfair dismissal or breach of contract claim. Instead, it gave the respondent until 20 November 2020 to apply for an extension of time to present an ET3 with supporting evidence, and explained that any application to add Ms Fatima Moustaoui as a second respondent would also need to be made by that date. The claimant was given seven days to oppose any application, and judicial mediation was discussed, with the claimant willing to engage and the respondent not wishing to do so.