Mr I Cherifi v Ian Beaumont — 2021

Mr I Cherifi brought a claim against Ian Beaumont, described in the reasons as Ian Beaumont (Felix Rashai) Holiday Inn Hotel, and said he was owed wages for October and November 2020. The tribunal treated the claim as having been accepted against Ian Beaumont c/o Sharpe Group after an earlier letter rejected Felix Rashai as a proposed respondent because no Early Conciliation Certificate had been provided for that entity.

Sharpe Mechanical Services Limited, described in the judgment as the Sharpe Group, denied that Mr Cherifi had ever been employed by it. It said Mr Beaumont was one of its site supervisors and that Mr Cherifi was instead an employee of Felix Croix Limited, a subcontractor. The response also stated that payments had been made to that subcontractor on 25 September 2020 and 23 October 2020, with no knowledge of whether those payments were then used to pay Felix Croix Limited's employees.

On 18 May 2021 Employment Judge Massarella ordered the claimant to provide further information about his discrimination claims and to apply to amend or substitute Felix Croix Limited as respondent if he accepted that company was his employer. The claimant did not respond to that order, did not reply to the Tribunal's letter of 9 June 2021, and did not answer repeated attempts to contact him for the hearing on 28 June 2021.

Employment Judge Lewis applied Rule 37 and Rule 47 and concluded that the claims should be struck out because the claimant had not complied with the Tribunal's orders, had not attended the hearing, and had not actively pursued the case. The judgment also records that the claimant failed to attend or contact the Tribunal and that it appeared the claim had been brought against the incorrect respondent.