Mr B Obihai v Leviat CHR Co and Leviat Ltd: 1804127/2023
JUDGMENT
[1]The complaints against the First Respondent are struck out.[2]The complaints against the Second Respondent continue in accordance with case management orders made today.REASONS
The Claimant has named two Respondents: “Leviat CHR Co” and Leviat Ltd. Leviat CHR Co is not a legal entity. Leviat Ltd admits that the Claimant was engaged by it as an agency worker. To the extent that the claims are properly brought against the “hirer” in the agency worker relationship, the correct Respondent is plainly Leviat Ltd. Leviat CHR Co does not exist and has no contract with the Claimant. In those circumstances, I have struck out all the claims against it on the basis that they have no reasonable prospect of success. The Claimant can apply for this judgment to be reconsidered if he disagrees. JUDGMENT The claim is struck out. REASONS[1]By Orders issued 15 September 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 was not being actively pursued.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The claim is therefore struck out.