Miss L Orridge v Mrs Helen Joan Cane: 2302748/2019
JUDGMENT
[1]The Claimant’s complaint of unfair dismissal is dismissed upon withdrawal.[1]The correct employer is The Flower Seller Dover Ltd, which has been dissolved.[2]The claims are struck out.REASONS
[1]The main issue in this case is the identity of the employer. The Claimants say they were first employed by Ms Sarah Cane and her partner. The claim has been brought against Mrs Helen Cane as the Claimants were told the business had been put in her name around the end of 2016. In reality they say Mrs Helen Cane was never involved and their day to day employer remained Ms Sarah Cane (Mrs Helen Cane’s daughter and the Respondent’s representative in these proceedings). The response has been submitted in the name of The Flower Seller Dover Ltd which was incorporated on 14 November 2916 but dissolved on 15 October 2019. The sole director is listed on Companies House as Mrs Helen Cane but the CASE NUMBER: 2302748/2019 2302755/2019 contact given on the response form is Ms Sarah Cane. The Claimants do not accept that they were employed by The Flower Seller Dover Ltd.[2]All the documentation supplied by the second Claimant today supports the Respondent’s contention that the employer was The Flower Seller Dover Ltd and I find that was the correct employer.[3]In the Order dated 9 March 2022 the case was stayed to give the Claimants the opportunity to apply to restore The Flower Seller Dover Ltd to the Register of Companies. No such application has been made.[4]The second Claimant gave no other reason today why the claim should not be struck out. .................................................