Mr M Twiddy and others v Menzies Aviation (UK) Ltd and Aeroco Group International Ltd: 3200104/2021 and others
EMPLOYMENT TRIBUNALS
Case No 3200104/2021, 3200107/2021, 3200117/2021, 3200134/2021, 3200136/2021
Between
(1)Mr Mark Twiddy (2) Mr Wayne Gray (3) Mr Stephen Morris (4) Mr Perry Hooker (5) Mr Richard MurrayClaimantMenzies Aviation (UK) Ltd and Aeroco Group International LtdRespondent
Before
Employment Judge F AllenDate 25 August 2023
JUDGMENT
[1]The claims by Mr Richard Murray (3200136/2021) are struck out in their entirety under rule 37(1)(d) of The Employment Tribunals Rules of Procedure 2013. The claimant was given the opportunity pursuant to an order dated 18 April 2023 to show reason why his claims should not be struck out for not having been actively pursued under Rule 37(1)(d). No response or request for a hearing has been received.[2]The employment of the following claimants, Mr Mark Twiddy, Mr Wayne Gray, Mr Stephen Morris and Mr Perry Hooker transferred from the first respondent to the second respondent by operation of Regulation 3 (1)(b) (ii) of the Transfer of Undertakings (Protection of Employment) Regulations 2006.[3]The claims against the first respondent Menizies Aviation (UK) Limited are dismissed and the first respondent is dismissed from the proceedings. Case Numbers: 3200104/2021, 3200107/2021 3200117/2021,3200134/2021, 3200136/2021[4]The claims of Mr Mark Twiddy, Mr Wayne Gray and Mr Stephen Morris of unfair dismissal under Part 10 of the Employment Rights Act 1996 are well founded and succeed against the second respondent.[5]Mr Perry Hooker’s claim of unfair dismissal is dismissed on withdrawal.[6]Mr Perry Hooker’s claim for notice and holiday pay proceeds to hearing on 5-7 December 2023.[7]The claims of Mr Mark Twiddy, Mr Wayne Gray, Mr Stephen Morris and Mr Hooker are listed for a remedy hearing on 5-7 December 2023.