Case 4112537/2018 · Employment Tribunal
A Kemp (sitting alone) Mr J Brannan v The Phoenix Bar and 5 others — 2019
- Case reference
- 4112537/2018
- Decision date
- 19 February 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Mr
- Venue
- Dundee
Parties
7 namedClaimant
A Kemp (sitting alone) Mr J Brannan
Respondents
- The Phoenix Bar
- Was employed by There Must Be A Pony Limited and service of the Claim Form shall be made on that party. Introduction 1. The Claim made was for unfair dismissal and unpaid holiday pay against a
- Stated to be “The Phoenix Bar”. The
- Was noted to have indicated that he no longer claimed unfair dismissal, but he did wish to claim holiday pay according to a schedule of loss, and the identity of the employer was disputed. That led to S/4112537/2018 Page the present Hearing to determine solely the issue of the identity of the employer. 2. The
- , tendering a cheque for £135 for the unpaid holiday pay, stating that the employer was There Must be a Pony Limited, and that the
- Appeared, and gave evidence. He produced documents. No evidence was led for the
Key findings
Tribunal's reasoningThis preliminary hearing was listed to determine the identity of the claimant's employer. The claim had been presented against "The Phoenix Bar" and originally included unfair dismissal and unpaid holiday pay. The respondent's response said the wrong entity had been convened, and the claimant had previously indicated that he no longer pursued unfair dismissal, although he later said he wished to do so again. The tribunal noted that any change from the earlier withdrawal would need to be dealt with by separate application.
On the evidence, including the claimant's documents, HMRC tax records, Companies House material, and a letter from solicitors acting for the company, the tribunal found that the employer was There Must Be A Pony Limited, company number SC289467. The claim form was therefore to be intimated to that party. The tribunal also noted that the unpaid holiday pay issue remained to be determined at a final hearing.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | At the earlier preliminary hearing the claimant indicated that he no longer pursued unfair dismissal. The tribunal recorded that any change from that position would require a separate written application. | Withdrawn | — | — |
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.
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.