Claimant v Metropolitan School of Business and Management UK Ltd
Outcome
Individual claims
The tribunal found the respondent was not the claimant's employer as it was not incorporated when the claimant was contracted to undertake work. Without an employment relationship, the claim for unpaid wages could not succeed.
The tribunal found the respondent was not the claimant's employer as the company was not incorporated at the relevant time. Therefore, the notice pay claim failed for lack of an employment relationship with the respondent.
Facts
The claimant brought claims for unpaid wages and notice pay against the respondent company. Neither party attended the final hearing on 14 March 2025 held remotely on CVP. The tribunal dismissed the claims under Rule 47, finding that the respondent was not the claimant's employer as it was not incorporated when the claimant was contracted to undertake work. The claimant applied for reconsideration claiming he could not attend due to a family bereavement.
Decision
Employment Judge Comfort refused the reconsideration application finding no reasonable prospect of varying or revoking the judgment. The claimant provided no satisfactory explanation for why he did not inform the tribunal of his absence at the time, and the additional information provided did not undermine the fundamental finding that the respondent was not incorporated and therefore not his employer when the work was undertaken.
Practical note
Parties must ensure they sue the correct legal entity as employer; a company cannot be liable as an employer for work performed before its incorporation.
Legal authorities cited
Statutes
Case details
- Case number
- 6003975/2024
- Decision date
- 25 March 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No