Case 4102658/2019 · Employment Tribunal
Mr J Walsh v Michael Johnson — 2019
- Case reference
- 4102658/2019
- Decision date
- 13 September 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge L Doherty
- Venue
- Glasgow
Parties
2 namedClaimant
Mr J Walsh
Respondent
Key findings
Tribunal's reasoningThe claimant presented a claim on 23 February 2019 seeking a redundancy payment and damages for breach of contract. This hearing on 11 September 2019 was a preliminary hearing to determine the identity of the claimant’s employer. At the outset, the claimant, through Mrs Walsh, accepted that he was not employed by the second or third named respondents and that his employer was the first named respondent; it was said that the second and third respondents had been included in the ET1 on ACAS advice.
In light of that concession, the tribunal dismissed the claim against the second and third named respondents. The tribunal also noted that the first named respondent had dissolved and was no longer on the company register, so the claim could not continue against it in its existing form. No final decision was made on the merits of the redundancy payment or breach of contract claims at this stage.
To allow the claimant time to make enquiries with the Secretary of State, the tribunal sisted the claim against the first respondent until 11 December 2019. The claimant was directed to confirm by that date whether he intended to make any further application for tribunal procedure against the first respondent. The tribunal recorded that the claim had been intimated to the Secretary of State in July, and that he did not wish to be considered an interested party.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Preliminary hearing only. The claimant had presented a claim for a redundancy payment. He accepted at the hearing that he was not employed by the second or third respondents. The tribunal dismissed the claim against those respondents and sisted the claim against the first respondent until 11 December 2019; the redundancy pay claim was not finally determined. | Other | — | — |
| Breach of contract | Preliminary hearing only. The claimant had also sought damages for breach of contract. He accepted at the hearing that he was not employed by the second or third respondents. The tribunal dismissed the claim against those respondents and sisted the claim against the first respondent until 11 December 2019; the breach of contract claim was not finally determined. | Other | — | — |
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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