Unite the Union v Carillion (AMBS) Ltd (In Compulsory Liquidation): 2413679/2018

EMPLOYMENT TRIBUNALS
Case No 2413679/2018
Unite the UnionClaimantCarillion (AMBS) Limited (In Compulsory Liquidation)Respondent
Regional Employment Judge ParkinDate 29 March 2019

JUDGMENT

[1]Upon reconsideration, the Judgment sent out to the parties on 13 December 2018 is revoked and the claim is reinstated.[2]Carillion Services Ltd (now in compulsory liquidation) is substituted for Carillion (AMBS) Ltd as respondent in these proceedings. Subject to the lifting of the stay on proceedings resulting from the compulsory liquidation, the claim will proceed.

REASONS

[1]By a mistake or misunderstanding, these proceedings brought by the trade union Unite were dismissed upon withdrawal following the claimant’s representative’s letter dated 30 November 2018. The intention had been that the proceedings continue but that Carillion Services Ltd be substituted for Carillion (AMBS) as the respondent.[2]The respondent did not resist Unite’s application to revoke the dismissal judgment, reinstate the proceedings and substitute the correct employer. Case No. 2413679/2018 2[3]Having regard to its powers under Rules 5 and 70-73 of the Employment Tribunals Rules of Procedure 2013 and in accordance with e overriding objective at Rule 2, the Tribunal granted the application. Regional Employment Judge Parkin Date 29 March 2019