Case 4104186/2018 · Employment Tribunal
Claimant v Bute House Ltd T/a Acorn Park Care Home — 2018
- Case reference
- 4104186/2018
- Decision date
- 4 July 2018
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Whitcombe
- Venue
- Glasgow
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningThe claimant presented an ET1 on 20 April 2018 bringing a claim for unfair dismissal. The claim was initially rejected under rule 12 because the respondent named on the ET1, "Bute House Limited t/a Acorn Park Care Home", did not match the prospective respondent named on the ACAS certificate, "Acorn Park Care Home", and the addresses also differed. The claimant then applied for reconsideration within time, and the reconsideration hearing on 28 June 2018 was attended only by the claimant and her solicitor; the respondent did not attend.
Applying rule 12(2A) of the Employment Tribunals Rules of Procedure 2013 and the overriding objective, and referring to Chard v Trowbridge Office Cleaning Services Ltd, Mist v Derby Community Health Services NHS Trust, and Giny v SNA Transport Ltd, the tribunal held that the claimant had made minor errors in relation to both name and address. The tribunal accepted the explanation that the employer was commonly known as Acorn Park Care Home, that the claimant had used the trading name when contacting ACAS, and that she had given the address of her former workplace rather than the registered office because she did not appreciate the significance of the service address.
The judge concluded that the errors were matters of form rather than substance and that it would be in the interests of justice for the claim to proceed. The prior decision rejecting the claim was revoked, the claim was ordered to be accepted and served in the normal way, and it was treated as having been presented on 20 April 2018. The judgment did not determine the merits of the unfair dismissal claim and made no monetary award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | This was a reconsideration hearing on the rejection of the ET1, not a substantive liability decision on the unfair dismissal claim. The tribunal revoked the rule 12 rejection and directed that the claim be accepted and served, treating it as presented on 20 April 2018. | Other | — | — |
Legal tests applied
6 references- rule 12(2A) Employment Tribunals Rules of Procedure 2013
- interests of justice
- overriding objective
- Chard v Trowbridge Office Cleaning Services Ltd
- Mist v Derby Community Health Services NHS Trust
- Giny v SNA Transport Ltd
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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