Atack Miss F Morrison v Represented by: Mr M Dempsey - Solicitor Laura Dewar and 4 others — 2019

This hearing was to determine the correct employer for the claimant's pending claims for unfair dismissal, redundancy payment, wrongful dismissal, failure to provide reasons for dismissal, and failure to provide written terms and conditions. Most respondents had not presented a response and none attended the hearing, so the tribunal relied on the claimant's evidence and the documents produced.

The tribunal found that the claimant had worked at Pennies bar for many years and that the business had changed hands several times. It gave little weight to the payslips because the employer names on them were inconsistent and did not reliably identify the true employer. It also noted that the P45 showed Midas Clachan as the employer, which did not assist in identifying Laura Dewar as the employer.

The tribunal accepted that when Mr and Mrs Allison left the business they told staff that Pennies bar was being taken over by Laura Dewar, that the claimant then reported to Laura Dewar, and that the claimant was paid in cash by Laura Dewar from the takings. It also relied on the fact that the final payment to the claimant, for accrued but untaken holiday, was made by Laura Dewar personally. On that evidence, the tribunal found that Laura Dewar was the correct employer at the time the claimant's employment ended.

The claims insofar as they were directed against Sheena Dewar, Tommy McMillan - Alchemy Inns Ltd, Midas Clachan Ltd and Pennies Sports Bar Ltd were dismissed. The tribunal did not determine the substantive merits of the claimant's dismissal-related or written-terms claims at this hearing, and the case was listed for a full hearing against Laura Dewar.