Ms K Butt v Subway Cambridge UK and others: 3201891/2019
JUDGMENT
[1]The Claims against the First and Second Respondents are dismissed.[2]All claims continue against the Third Respondent.REASONS
[1]Today’s hearing was a case management hearing in this matter.[2]The Claimant issued against Subway Cambridge UK and Subway as well as Buraq Private Limited. The First and Second Respondent submitted responses that were received by the Employment Tribunal on 5 November 2019. Subway Cambridge UK and Subway both submitted that they should be dismissed from this claim as they had no legal relationship with the Claimant They pleaded that they were not UK legal entities, that they had no employees in the UK and the Claimant had never been employed by them. SRL, (Subway Realty Limited) also pleaded that it was not the entity operating the store at which the Claimant worked, if she worked at a Subway restaurant.[3]The Third Respondent, Buraq Private Limited confirmed that it was the Claimant’s employer, that it operated the Romford store in which the Claimant had worked and that it was the proper Respondent to these proceedings. 10.2 Judgment - rule 61 Case No: 3201891/2019[4]At the beginning of today’s hearing, the Claimant confirmed that she had never been given a contract of employment. She had received payslips on which the name Buraq Private Limited had been written. It was also Buraq Private Limited that signed forms for her to be paid maternity allowance. The Claimant accepted that it is likely that Buraq Private Limited was her employer.[5]In those circumstances and as the Claimant did not submit there was any connection/contract or legal relationship between her and the First and Second Respondent, the Tribunal dismissed the proceedings against the First and Second Respondent and Mr Curtis was released and left court.[6]The claims against Subway Cambridge Ltd and Subway are dismissed. Case Number: 3201891/2019 EMPLOYMENT TRIBUNALS Claimant: Mrs K Butt Respondent: Buraq Private Limited Heard at: East London Hearing Centre On: 6 March 2020 Before: Employment Judge Burgher Representation Claimant: In person Respondent: Mr A Orhinger (Counsel) DISMISSAL JUDGMENT The Claimant’s claims are dismissed on withdrawal.