Mr C Greenhough v RSL Distribution Ltd (T/a Railform Services Ltd) and others: 2600617/2022
JUDGMENT
[1]The claim was issued in the Midlands East Tribunal on 27 February 2022. The respondents have failed to present a valid response on time and have failed to attend an earlier preliminary hearing and today’s hearing. The Employment Judge has decided that a determination can be properly be made of the claim, or part of it, in accordance with the Rules of Procedure.[2]Mr J Shemwell issued a multiple claim form (lead case number 2600611/2022) to include the following claimant whose claim remains outstanding to be determined today. Mr Greenhough did not attend an earlier hearing where the Tribunal determined other claimants claims due to ill health.• Chris Greenhough (case number 2600617/2022)[3]Mr Greenhough was made redundant on 29 October 2021. Mr J Shemwell contacted ACAS as follows 1 of 2 Case Number: 2600617/2022 a) ACAS EC notification on 19 February 2022 in relation to RSL Distribution Limited b) ACAS EC notification on 24 January 2022 in relation to Adaptable Logistics c) ACAS EC notification on 19 February 2022 against Stoneport Group Limited[4]As such the notification to ACAS was outside of the limitation period in relation to all claims for holiday pay and arrears of pay against RSL Distribution Limited and Stoneport Group Limited. Therefore, the claimant’s claims for holiday pay and arrears of pay are out of time and are dismissed as against RSL Distribution Limited and Stoneport Group Limited.[5]The correct name of Stoneport Group Limited at Companies house with the same address provided on the ET1 is Stoneport Group Logistics Ltd. This company was dissolved via compulsory strike off on 17 January 2023. The claimant cannot therefore proceed with any claims which were brought in time against this company as it is dissolved (unless an appropriate application is made to the applicable court which restores the company to the register). There is also a company called Stoneport Holdings Limited with the same previous address as on the ET1 issued for Stone Group Logistics Limited. This is an active company with a proposal to strike off. However, whilst during the hearing substitution was discussed it has been noted this company is registered under a different company number and therefore the Tribunal cannot substitute this company’s name for the current third respondent.[6]Adaptable Logistics are in administration and therefore all claims against this respondent were stayed under separate Order dated 27 November 2022. The stay will be extended for a further period for Mr Greenough’s claim under separate Order.[7]Mr Greenhough was dismissed by reason of redundancy and is entitled to a redundancy payment of £1632 from RSL Distribution Ltd and/or Railform Services Limited.