Ms C Crawford v Mrs G Obamwonyi: 2304653/2019
JUDGMENT
[1]For the reasons set out below the claim in this matter is dismissed.REASONS
[1]The Claimant did not attend the hearing this afternoon. No reason has been given for her non-attendance. It would therefore appear that the claim is not being actively pursued.[2]The claim in this matter is said to be for payslips to be given to the claimant for the period of her employment, 17 July 2018 to 8 September 2019. Under section 11(1) of the Employment Rights Act 1996 a reference may be made to an employment tribunal where an employer does not give a worker an itemised pay statement as required by section 8 to determine what ought to have been set out in the statement. There is however no claim for statements to be provided of themselves, and the claimant has not sought a determination of the matters which ought to have been set out in her payslips. The Claimant also complains of a refusal to complete a SMP1 Form and giving HMRC incorrect dates of employment, neither of which disclose a cause of action which the Tribunal has jurisdiction to hear. In the circumstances there is no disclosable cause of action in law set out in the claim form.[3]The Claimant has pursued Mrs G Obamwonyi as an individual. In her response to the claim Mrs Obamwonyi set out that the correct Respondent 10.7 Judgment with reasons – rule 62 March 2017 Case No: 2304653/2019 was a company, Richard Norman Care Coordinators Ltd. That company was dissolved on 25 February 2020. Mrs Obamwonyi has been able to produce to me today a copy of the Claimant’s contract of employment with Richard Norman Care Coordinators Ltd, which was signed on 16 July 2018. In the circumstances I find that the correct Respondent was Richard Norman Care Coordinators Ltd and not Mrs Obamwonyi personally. As the company has been dissolved there is no longer a legal entity against which an order can be made.[4]In the circumstances the claim is dismissed for the following reasons:(i) It has not been actively pursued;(ii) The claim form does not disclose a cause of action in law;(iii) The correct Respondent is Richard Norman Care Coordinators Ltd, against whom no order can be made as it is dissolved.