Claimant v Clermont Hotel HR Limited
Outcome
Individual claims
Claims against the first respondent dismissed by consent as parties agreed that the second respondent is the employing entity, not the first respondent.
Facts
Ms L Sousa brought employment tribunal claims against Clermont Hotel HR Limited as the first respondent. At a preliminary hearing held remotely, it was agreed between the parties that the wrong entity had been named as respondent and that the second respondent (unnamed in this judgment) was the actual employing entity.
Decision
By consent of both parties, Employment Judge Bartlett dismissed all claims against the first respondent, Clermont Hotel HR Limited, on the basis that it was not the correct employing entity. The second respondent was agreed to be the employer.
Practical note
Correctly identifying the employing entity is fundamental in employment claims, and parties can consent to dismissal of claims against incorrectly named respondents at preliminary hearings.
Case details
- Case number
- 6010226/2024
- Decision date
- 14 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- solicitor