Claimant v Sweetings (City) Limited
Outcome
Individual claims
The claim for unfair dismissal against the second and third respondents was struck out because such a claim can only be brought against the employer, the first respondent. The claim is legally misconceived as unfair dismissal is a statutory claim that can only be pursued against the employer entity.
The remaining claims for unspecified 'other payments' were dismissed under Rule 47 because the claimant failed to attend the hearing. The claimant also failed to comply with tribunal orders to specify the nature of these claims within 14 days and did not respond to attempts to contact her on the hearing day.
Facts
The claimant, a restaurant worker with over two years' service, was dismissed by her employer Sweetings (City) Limited. She brought claims of unfair dismissal against her employer, the owner, and a manager, as well as unspecified claims for 'other payments'. The claimant failed to clarify her claims despite tribunal orders and failed to attend the preliminary hearing on 17 April 2025, despite the tribunal attempting to contact her by phone and email.
Decision
The tribunal struck out the unfair dismissal claims against the second and third respondents because such claims can only be brought against the employer. The remaining unspecified claims were dismissed under Rule 47 due to the claimant's failure to attend the hearing and comply with tribunal orders.
Practical note
Claimants must name the correct respondent for statutory claims like unfair dismissal (only the employer), and tribunals will dismiss claims under Rule 47 where claimants fail to attend hearings or engage with tribunal processes.
Legal authorities cited
Statutes
Case details
- Case number
- 2218581/2024
- Decision date
- 17 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- restaurant worker
- Service
- 2 years
Claimant representation
- Represented
- No