Mr M Sherlock v John McGeady Ltd — 2019

This judgment was procedural only. The hearing listed for 21 and 22 October 2019 did not proceed because Ms McPartland, a witness subject to a witness order, informed the Tribunal that she was unwell and unable to attend. Both parties sought a postponement, and the Tribunal directed that the case be relisted as a continued hearing before Employment Judge Eccles.

The reasons record that the case had already been part heard at a previous diet in March 2019. The Tribunal noted that the claimant said Ms McPartland’s evidence was important because she had worked in HR with Enviro-clean Ltd, the original employer, and that he understood there had been a TUPE transfer to the respondent in June 2018. The respondent’s position recorded in the reasons was that the claimant had not become an employee because he had not appeared for work.

The Tribunal also recorded that the claim involved alleged failure to consult, holiday pay, and payment in respect of notice, and that the respondent said it had consulted Mr Gordon as an employee representative. The reasons note that there had been some settlement with Enviro-clean Limited and that evidence may be needed about what that settlement covered so that there is no double recovery. No merits findings or remedy were made in this judgment.