R Gall Mr G Anderson v Represented by:- Ms A Peat –15 Solicitor Matthew Barsauckas and 2 others — 2018

This was a preliminary hearing in Mr G Anderson's unfair dismissal case against Mr Barsauckas and others. The tribunal was meant to decide two preliminary matters: the identity of the employer and whether the claimant had the qualifying service needed to bring an unfair dismissal claim. The judgment did not decide the merits of the dismissal claim.

The hearing listed for 25 and 26 April 2018 was postponed because the respondents had not complied with earlier case management orders about the joint bundle and signed witness statements. The tribunal recorded that the late provision of documents and statements meant the reading day had been rendered largely ineffective and that the position was unsatisfactory, although it was unclear how much of the delay was attributable to the respondents themselves and how much to their solicitor.

The respondents accepted that the claimant had over two years' service with the limited companies, respondents 2 and 3, which were described as associated companies. It remained disputed whether Mr Barsauckas was the employer. The tribunal therefore limited the preliminary hearing to that employer-identity issue and adjourned the case rather than attempting to deal with the substantive unfair dismissal claim.

Fresh directions were made for a new bundle and finalised signed witness statements, with the rescheduled hearing fixed for 19 and 20 June 2018 and a reading day on 18 June 2018. The tribunal also noted the claimant's position that expenses might be sought in relation to the abortive diet, and reserved that issue for later.