Mr M Cooper v Nifes Property Ltd T/a Nifes Consulting Group: 2600978/2018
JUDGMENT
[1]The Claimant’s claim of a failure to pay notice pay is dismissed on withdrawal by the Claimant. In return the Respondent’s contract claim is also dismissed on withdrawal by the Respondent.[2]The Tribunal does have jurisdiction to hear all of the Claimant’s claims because the early conciliation certificate R124398/18/92 in the name of NIFES Consultancy Group is sufficient.REASONS
[1]Mr Cooper represented himself. Mr Hughes represented the Respondent and there was a hearing bundle and references are to page numbers in that bundle. The first paragraph of the decision is self-explanatory. As to the decision about jurisdiction Mr Hughes informed me in reply to a question that NIFES Consultancy Group was the trading name of NIFES Property Limited who the Respondents quite rightly say the latter body is the employer. In the case of Mist against Derby Community NHS Trust [2016] ICR 543 it was held that it was sufficient to name the trading name in the early conciliation certificate and thus in this case the early conciliation certificate in relation to the trading name means that the claims were served in time as I think had been agreed in the previous case management summary of Employment Judge Hutchinson. _____________________________________ Employment Judge Blackwell Date 3 December 2018 Case No: 2600978/2018 Page 2 of 2[2]JUDGMENT SENT TO THE PARTIES ON ........................................................................................ ........................................................................................ FOR THE TRIBUNAL OFFICE[3]Case No. 2600978/2018 7.6C Deposit not paid – Judgment - claimant Rule 39 EMPLOYMENT TRIBUNALS Claimant: Mr M Cooper Respondent: NIFES Property Ltd t/a NIFES Consulting Group[5]The claim of age discrimination is struck out. REASONS[6]1. The claimant was ordered to pay a deposit of £250.00 following a preliminary hearing held on 23/11/2018. The Order was sent to the claimant on 12/12/2018. The claimant has failed to pay this deposit. The complaint of age discrimination is therefore struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013. The unfair dismissal and holiday pay complaints continue. EMPLOYMENT JUDGE CAMP 8th February 2019[7]JUDGMENT SENT TO THE PARTIES ON .................................................................................. .................................................................................. FOR THE TRIBUNAL OFFICE[8]CASE NO: 2600978/18 EMPLOYMENT TRIBUNALS Claimant: Mr M Cooper Respondent: The Oakleaf Group (UK) Ltd trading as NIFES Consulting Group Heard at: Nottingham On: 8 July and 9 July 2019 Before: Employment Judge Ahmed (sitting alone) Representation Claimant: In person Respondent: Mr R Hughes (HR Consultant)[10]The judgment of the tribunal is that the Claimant’s complaints of unfair dismissal and an unlawful deduction of wages are both dismissed.