Mr Arfan Khan v Harris Academy Merton – 1st Harris Federation – 2nd Mr Lee Malin – 3rd Mr Jamie Semple – 4th Ms Aisha Samad – 5th Ms Katherine Mann – 6th Mr Benjamin West – 7th — 2023

At the public preliminary hearing on 14 November 2023, Employment Judge Bedeau dismissed Harris Academy Merton from the proceedings on the basis that it was not a legal entity but the name of the place where the claimant worked. The judge said there was no documentary evidence showing that Harris Academy Merton was a company limited, a company limited by guarantee, a partnership, or any other legal entity, and accepted the respondent's position that Harris Federation was the correct respondent and the claimant's former employer.

The judge substituted Harris Federation in place of Harris Academy Merton in order to protect the claimant's position. The reasons record that the respondent accepted vicarious liability for the individual respondents and asked for them to be dismissed from the proceedings on 5 July 2023, but that application was refused because the claimant was able to describe their alleged conduct in support of his claims.

The judge also recorded that the claimant withdrew his unfair dismissal, wrongful dismissal, and unauthorised deductions from wages claims, and those claims were dismissed on that basis. Case management orders were then made to progress the remaining matters to a final hearing listed to start on 22 April 2025.