Mr L Cywinski v Stone Sales Limited — 2025

This was a reconsideration hearing before Employment Judge O’Dempsey on 9 January 2025. The tribunal considered the claimant’s application under rule 68 and following of the Employment Tribunal Rules 2024 to revisit an earlier decision striking out his claim under rule 27 of the 2013 Rules for having no reasonable prospect of success.

The claimant said Stone Sales Ltd was effectively the same business as Stone Source Ltd, with the same owner, director, workshop, staff, telephone number, logo and email, and that he had worked for the earlier company for 14 years. He explained that he had resigned on 11 April 2024 because of health and safety concerns and that, at that time, there had been no discussion about what would happen to the company.

The tribunal accepted that Stone Sales Ltd was incorporated on 19 April 2024, eight days after the claimant’s resignation. It held that, on the claimant’s own account, the respondent did not exist when he resigned, so there was no transfer of undertaking at that point and no basis for saying any dismissal was linked to a transfer of undertaking. The judge also considered the limitation position and found no reasonable prospect of the claimant showing that the claim had been presented in time or that any extension of time should be granted. The application for reconsideration was dismissed and the earlier strike-out remained in place.