Mr L Ellison v Meadow Mill Wood Finishings Ltd: 2400805/2022

EMPLOYMENT TRIBUNALS
Case No 2400805/2022
Mr L EllisonClaimantMeadow Mill Wood Finishings LtdRespondent
Tribunal Judge HoltIn person for claimantDate 21 July 2022

REASONS

[1]These are the Written Reasons for the Judgment given orally, and when I also gave reasons, at the conclusion of the hearing of this case on 21 July 2022; my oral decision having been followed with a short judgment prepared by me on 21 July 2022 and which was sent by the Tribunal staff to the parties shortly thereafter.[2]The Claimant presented his claim form against the Respondent on 4 February 2022. He claimed unfair dismissal. (For the avoidance of doubt, at the hearing before me it was clarified that, somewhat confusingly, the Claimant had initiated the proceedings by sending two separate ACAS certificates on different dates. In relation to the second ACAS certificate the Claimant confirmed that he had been considering making a disability claim but then decided against that course of action). The parties to the litigation and procedural background[3]The Claimant was employed by the Respondent as a French Polisher starting on 1 April 2004. He was paid on a weekly basis. The Respondent was/is a family business engaged in furniture repair and renovation where Mr Fawley did around 50% of the “hands on” tasks, Mrs Fawley did the administration and the Fawley’s daughter, Mia, also helped out on what sounded like an ad hoc basis. The Claimant was employed to do around 50% of the “hands on” work assisting Mr Fawley. Events relevant to the claim unfolded in the late summer and autumn of 2021 which I will consider below[4]The Claimant initially commenced proceedings naming his previous employers, Mr and Mrs Fawley, in their personal capacity. He then realised that he had made a mistake and wrote to the Tribunal on 26 April 2022 asking to apply for the name of the Respondent to be changed to Meadow Mill Wood Finishings Limited. On 12 May 2022,