Mr T McFarlane and Others v KTH Fabrications Ltd (in voluntary liquidation) and Others: 1801288/2022 and Others
JUDGMENT
[1]There was no relevant transfer within the meaning of Regulation 3 Transfer of Undertakings (Protection of Employment) Regulations 2006 from KTH Fabrications Ltd to Abacus Fabrications Ltd.[2]The employer’s counterclaim brought by Abacus Fabrications Ltd against the First Claimant, Mr McFarlane, is dismissed on withdrawal by Abacus Fabrications Ltd. S-J Davies Employment Judge Davies 6 June 2023 Sent to the parties on: Case Numbers: 1801288/2022-1801290/2022 1802277/2022-1802287/2022 1802439/2022 2 6 June 2023 For the Tribunal Office: Note: Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case Number: 1801288/2022 1801289/2022 EMPLOYMENT TRIBUNALS Claimant: Mr T McFarlane Ms E Manning Respondent: 1. KTH Fabrications Ltd (In Voluntary Liquidation) 2. Abacus Fabrications Ltd[3]Secretary of State for BEISREASONS
[1]By a letter dated 7 December 2023 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because it has not been actively pursued.[2]The claimant has failed to make representations in writing, why this should not be done or to request a hearing. The claim is therefore struck out.