Mr M Williams v UC Franchising Ltd T/a Urban Chocolatier: 3205179/2022
JUDGMENT
[1]The Tribunal notes and records that, on the application of the Respondent’s representative made orally at this Hearing, in relation to the Tribunal’s request for clarification of the proper identity and designation of the respondent, identified in the ET1 claim form as “Wax”, and ET3 response, as “UC Franchising Ltd t/a Urban Chocolatier”. Upon the Claimant not objecting and upon the Claimant accepting that UC Franchising Ltd t/a Urban Chocolatier were his employer at all material times, the Tribunal made an order, in terms of Rule 34 of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, ordering that the identity of the Respondent company be amended, and the Tribunal’s casefile updated, to properly name and designate the Respondent as “UC Franchising Ltd t/a Urban Chocolatier” which has its correspondence address at 1 Vicarage Lane, Stratford, London, E15 4HF, as it appears that there are issues between the Respondent, as the company that employed the Claimant, and the Claimant, as complained of by the Claimant in his ET1 claim form.[2]The Respondent’s application, made under Rule 20 of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, to extend time to present the Respondent’s ET3 response is granted. Having done so, the Tribunal allowed the ET3 response submitted late for the Respondent by email on 14 April 2023 to be accepted by the Tribunal, and the case to proceed as defended. - 1 - Case Number: 3205179/2022[3]Having done so, the requirement for the now accepted ET3 response to be served by the Tribunal on the Claimant is waived on the basis that the Claimant was copied into the email dated 14 April 2023 containing a copy of the now accepted ET3 response and upon the Respondent’s representative’s undertaking to refile and reserve the ET3 Form and the now accepted response on the Claimant within seven days from the date of this Judgment.[4]Further, the Tribunal ordered the claim and response to be listed for a 3- hour Final Hearing to be conducted remotely by Cloud Video Platform before an Employment Judge sitting alone at the East London Tribunal Hearing Centre, 2nd Floor, Import Building, 2 Clove Crescent, London, E14 2BE, on Tuesday 13 June 2023, commencing at 10.00am, to investigate and determine matters relating to both liability and remedy.[5]Case Management Orders for the Final Hearing are issued to parties under separate cover, arising from the case management discussion held with the Claimant and the Respondent’s representative in the course of this Hearing.