Mr Dev Singh Negi v Representing himself Basrai Restaurant Ltd — 2021

This was a procedural hearing on 19 November 2021. The tribunal extended time under Rule 20 so that the respondents' ET3, submitted on 17 November 2021, could be accepted. In deciding whether to do so, the tribunal considered the explanation for lateness, the prejudice to each side, and whether the defence had merit. The respondents said they had only recently become aware of the claim and that they were not the claimant's employer.

Mr Negi accepted that Express Buffet Limited had been his employer, and the tribunal therefore added Express Buffet Ltd as a respondent under Rule 34 so that the case could proceed against the correct party. The tribunal also noted that Mr Negi regarded Gurdeep Singh and Jagjit Singh as the owners of the company, not as his employers in an individual capacity. Basrai Restaurant Ltd was removed from the proceedings because it was accepted that this entity had not been the claimant's employer and could not be liable for wages claimed for work carried out. No substantive liability issue was decided in this judgment; the order was directed to case administration and correct party identification.