Mr AS Ramsay v Represented by: Mr A Ramsay - Father Inex Homes Hardware — 2020

This was a preliminary hearing in a claim originally raised against Inex Home Hardware, with no ET3 submitted. The tribunal therefore treated the case as undefended for Rule 21 purposes and considered clarification of the correct employer before any substantive determination. The claimant appeared with his father, and the tribunal recorded that the claimant had recently had a laryngectomy. Mr Farooq attended and said he was a sole trader trading as Home Hardware Store, that he had taken over the business in June 2019, and that if liable he considered his liability would begin only from that date.

The tribunal noted that there might have been a transfer of the undertaking under TUPE, but did not determine that issue at this stage. It recorded that the previous business had been run by Mr Idris, although it was unclear whether that was through a limited company or as a sole trader. The claimant asked for the claim to be amended so that the respondent became M Farooq trading as Home Hardware Store at the existing address, while leaving open the possibility of adding Mr Idris or a limited company as a second respondent later.

The tribunal permitted the amendment and directed that the claim be served on M Farooq trading as Home Hardware Store at the stated address, with the usual 28 days to present an ET3 if so advised. It also noted that after that period expired a hearing could be listed if needed. No substantive findings were made on the wage, contract, or other underlying claims in this judgment.