Mr C Rickards v BUPA Insurance Services Ltd and Lucy Robey: 2405597/2020

EMPLOYMENT TRIBUNALS
Case No 2405597/2020
Mr C RickardsClaimantBUPA Insurance Services Ltd and Lucy RobeyRespondent
Employment Judge JohnsonIn person for claimantMr J Rhodes (instructed by solicitor) for respondentDate 8 October 2020

JUDGMENT

[1]The claim against the third respondent Mark Davies is dismissed because in his claim form naming the third respondent, the claimant referred to early conciliation certificate number: R129817/20/09 dated 2 May 2020, which identified ‘BUPA’ as the prospective respondent and which had already used in relation the first respondent in the claim form.[2]This is a substantive defect contrary to Rule 12(1)(f) of the Employment Tribunals’ Rules of Procedure and the claim against the third respondent, should be rejected in accordance Rule 12(2A), being in the interests of justice to do so, as it more than a minor error.[3]The claims against the first respondent and second respondent remain in issue and will be determined at the full merits hearing listed to take place in the Manchester Employment Tribunal on 1, 2, 3, 4 and 5 March 2022.