Claimant v Fischer Future Heat Ltd
Outcome
Individual claims
The tribunal determined the claimant was an employee within s.230(1) ERA 1996 and extended time for the claim to proceed. The issue of which respondent was the employer is to be determined at a future hearing, as is the substantive unfair dismissal claim.
Facts
Mr Zarin brought an unfair dismissal claim against Fischer Future Heat Ltd. A preliminary hearing was held to determine employment status, time limits, and which entity was the employer. There was confusion over whether the claimant was employed by Fischer Future Heat Ltd or Woodland Installations (UK) Ltd.
Decision
The tribunal determined that Mr Zarin was an employee within the meaning of the Employment Rights Act 1996. The claim was presented out of time but the tribunal extended time finding it was not reasonably practicable to present in time. Woodland Installations UK Ltd was joined as a second respondent, with the question of which entity was the true employer to be determined at a future hearing. The respondent's application for a preparation time order was dismissed.
Practical note
Employment tribunals can join additional respondents where there is uncertainty over the correct employer, and time limits can be extended where it was not reasonably practicable to present the claim in time.
Legal authorities cited
Statutes
Case details
- Case number
- 6002588/2024
- Decision date
- 16 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No