Mr A Abdyli and Mr G Rhoden v JRL Plant and Logistics Ltd and M Burton: 2600521/2022 and 3302450/2022

EMPLOYMENT TRIBUNALS
Case No 2600521/2022, 3302450/2022
Mr A Abdyli and Mr G RhodenClaimantJRL Plant and Logistics Ltd and M BurtonRespondent
Employment Judge SmithMr S Welham (instructed by Solicitor) for respondentIn person for claimantMr J Dable (instructed by Counsel) for respondentDate 8 August 2022

JUDGMENT

The Second Claimant’s claim against the Second Respondent is dismissed

REASONS

[1]The Second Claimant, Mr G Rhoden, presented a claim of unfair dismissal to the Employment Tribunal on 28 February 2022. Two Respondents were named in the claim form. A claim of unfair dismissal may only be brought against an individual’s employer (section 94 Employment Rights Act 1996).[2]On 22 June 2022 Employment Judge M Butler reviewed the file and identified that the Second Respondent, Matthew Burton, had been named as a Respondent to Mr Rhoden’s claim despite apparently not being his employer. Employment Judge M Butler wrote to the parties on the same date expressing his view that the claim against Matthew Burton should be Case Nos. 2600521/2022 & 3302450/2022 Page 2 of 2 dismissed and ordered that in the absence of any objection within seven days, the claim against Matthew Burton would be dismissed.[3]The Second Claimant did not object within the timeframe allotted.[4]Accordingly, the Second Claimant’s claim against the Second Respondent, Matthew Burton, is dismissed. Employment Judge Smith Date: 4 July 2022