Mr A Khan v Harris Academy Merton and others: 2300736/2023 and 2302221/2023
REASONS
[1]At the public preliminary hearing held on 14 November 2023, I dismissed Harris Academy Merton, the first respondent, from these proceedings as it was not a legal entity but was the name of the place where the claimant worked. I substituted Harris Federation, the second respondent, as the correct respondent. PHCM Order 1 of 2 September 2023 2300736/2023 2302221/2023[2]In addition, I dismissed the claims of: unfair dismissal claim; wrongful dismissal; and unauthorised deductions from wages, based on the claimant’s withdrawal. I also issued Case Management Orders to ensure a full and effective final hearing, over 12 days, starting on 22 April 2025.[3]The background to the case is in my Record of Preliminary Hearing.[4]On 10 February 2024, the claimant requested written reasons.[5]I am unclear why the claimant has requested written reasons as the judgment given was, for the most part, in relation to the withdrawal of his claims. If it is in respect of the dismissal of Harris Academy Merton, I was satisfied that it is not a legal entity but the name of the place where the claimant worked. There was no documentary evidence before me to show this is a company limited, a company limited by guarantee, a partnership, or other legal entity. I accepted what Ms Johns, counsel for the respondent, told me that, if the case proceeded against Harris Academy Merton, it would be difficult for the claimant to enforce the judgment if he is successful, either in whole or in part. Counsel stated that the correct respondent and the claimant’s former employer, is Harris Federation.[6]In order to protect the claimant, I dismissed Harris Academy Merton from these proceedings and substituted Harris Federation in its place.[7]The respondent was prepared to accept vicarious liability on the part of the individual respondents and asked on 5 July 2023, that they be dismissed from these proceedings. The Claimant objected and I refused the respondent’s application as he was able to describe their alleged conduct towards him in support of his claims. ……………………………………