Mr S Ramsay v Harris and Bailey Ltd — 2021

This was a remote preliminary hearing by CVP before Employment Judge J S Burns. The tribunal considered the claimant's presentation of the ET1 against Neville Horsfield, together with the earlier Early Conciliation certificate issued against Harris & Bailey Ltd, which had been the claimant's employer. The claim had originally been rejected because it named the wrong respondent, but on 23 October 2020 it was accepted under Rule 13 after the claimant asked for the ET1 to be amended to name Harris and Bailey Ltd. The judge recorded that, under Rule 13(4), the original defect was treated as rectified.

On that basis, the tribunal declared that Mr Horsfield was not, and since the claim was accepted had not been, a respondent. Harris and Bailey Ltd was the only respondent. The order also dismissed Mr Horsfield's application to strike out the claim against him, but that was in the context of the tribunal's finding that he was not a respondent to the proceedings.

The tribunal struck out the claim for 'other payments/unauthorised deduction from wages'. The reason recorded was that the claimant confirmed he had received all proper payments up to dismissal. The judge noted that the claimant's remaining money claims were for loss of earnings following dismissal and damages for injury to feelings arising from a claimed discriminatory dismissal only. No monetary award was made in this judgment.