Mrs S Edmondson v Adnan Ashraf and Katherine Zhao: 2416753/2018

EMPLOYMENT TRIBUNALS
Case No 2416753/2018
Mrs S EdmondsonClaimant1. Adnan Ashraf 2. Katherine ZhaoRespondent
Employment Judge HolmesDate 24 July 2019

REASONS

[1]Following the preliminary hearing on 28 March 2019 the claimant by e-mail of 8 May 2019 stated that she wished to have Katherine Zhao and Suresh Balasubrahaniam removed as respondents to her claims. The Tribunal has treated this as a withdrawal of her claims against those parties, following which, pursuant to rule 52, the claims are to be dismissed.[2]Suresh Balasubrahaniam, however, as discussed in the preliminary hearing, was not named as an individual respondent on the claimant’s claim form, although the claims were directed to him. He has not been validly served, and the Tribunal considers has never, in fact, been a respondent to these claims. There is thus no need to remove him as a respondent.[3]The claimant’s claims accordingly proceed solely against Adnan Ashraf, and will be heard on 23 July 2019 as previously notified. Employment Judge Holmes Date: 5 June 2019[1]The Claimant’s claim for breach of contract is upheld. The Claimant was entitled to receive pay in accordance with the employment contract between 1st November 2014 and 6th September 2018.[2]The Respondent must pay the Claimant £1584.23 within 14 days of this order being sent to the parties.[3]There is no order as to costs or preparation time in accordance with Schedule 1, Rule 75(1)(c) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 as the Respondent has not acted vexatiously, abusively, disruptively or otherwise unreasonably in the way that the proceedings have been conducted.