Ms W Sloan v TBG Flex Ltd: 3311663/2020
JUDGMENT
[1]The tribunal has jurisdiction to hear the Claimants claims, she having complied with the early conciliation requirements.REASONS
[1]The Claimant started work for the Respondent as a floor manager on 3 December 2019.[2]The Respondent is owned by the Barnett Group Limited, which is in turn owned by the London Borough of Barnet.[3]The Barnett Group also owns a company, Your Choice Barnet Limited.[4]On 18 August 2020 the Claimant started early conciliation naming “Your Choice Barnet” as the prospective Respondent. Early conciliation came to an end the following day. Case Number: 3311663/2020 (CVP)[5]On 14 September 2020 the Claimant presented a claim to the tribunal identifying “TBG Flex Limited (Your Choice Barnet)” as the Respondent.[6]The Respondent’s Response took the point that this was a breach of Rule 12(1)(f) of the Employment Tribunal Rules of Procedure 2013.[7]It was the Claimant’s case that although she was employed by the Respondent she in fact worked within Your Choice Barnet.[8]I have considered the decisions of the Employment Appeal Tribunal in Mist v Derby Community NHS Trust [2016] ICR 543 and Giny v SMA Transport Ltd UKEAT/0317/16.[9]The Respondent does not dispute that these proceedings came to its knowledge and that it and Your Choice Barnet are closely linked.[10]I take the view that the Claimants error is of a minor nature and that it would not be in the interests of justice for this claim to be rejected.