Mrs A Norman v Allied Health Care and others: 3313345/2019
JUDGMENT
[1]The proceedings are dismissed following a withdrawal of the claim by the Claimant. __________________________________ Employment Judge R Lewis Dated: 24 April 2019[2]JUDGMENT SENT TO THE PARTIES ON: Date 28 April 2019 ........................................................................................ FOR THE TRIBUNAL OFFICE[3]Case Number: 3313345/2019 (V) 1 EMPLOYMENT TRIBUNALS Claimant Respondent Mrs A Norman v(1) Central Bedfordshire Council(2) APT Care Limited Heard at: Bury St Edmunds (by CVP) On: 05 January 2021 Before: Employment Judge Laidler Appearances For the Claimant: In person. For the 1st Respondent: Mr G Khan, Solicitor. For the 2nd Respondent: Mr N Khan, Managing Director. COVID-19 Statement on behalf of Sir Keith Lindblom, Senior President of Tribunals. This has been a remote hearing which has been consented to by the parties. The form of remote hearing was by Cloud Video Platform (V). A face to face hearing was not held because it was not practicable and no-one requested the same and all issues could be determined in a remote hearing. JUDGMENT[4]The case is postponed to the 17 March 2021 for a oneday Open Preliminary Hearing to be conducted by CVP.REASONS
[1]This hearing had been listed by Employment Judge Tynan on 28 August 2020. Mr N Khan Managing Director of the second respondent advised that he was suffering from COVID and was feeling too unwell to participate in the hearing. All involved in this hearing agreed that it was only proportionate for the matter to be postponed and it has been re-listed for 17 March 2021 when it will again be conducted via the CVP platform. Case Number: 3313345/2019 (V) 2[2]The Judge queried whether the directions made by Employment Judge Tynan had been complied with and it was confirmed that a bundle of documents had been lodged with the Employment Tribunal on or about the 17 November 2020 although they were not before this Judge. The second respondent did not have a copy of the claimant’s witness statement and she agreed to forward that to him following this hearing.[3]The claimant confirmed that her surname is Norman and it appears there has been a typographical error somewhere in the system and this will now be corrected. ORDERS Made pursuant to the Employment Tribunal Rules of Procedure[1]Re-listing of Open Preliminary Hearing This matter is adjourned to 17 March 2021 for an Open Preliminary Hearing on the issue identified by Employment Judge Tynan as to whether or not there was a TUPE Transfer.[2]Other Matters2.1 The above orders were made and explained to the parties at the preliminary hearing. All orders must be complied with even if this written record of the hearing is received after the date for compliance has passed.2.2 Anyone affected by any of these orders may apply for it to be varied, suspended or set aside. Any further applications should be made on receipt of these orders or as soon as possible.2.3 The parties may by agreement vary the dates specified in any order by up to 14 days without the tribunal’s permission except that no variation may be agreed where that might affect the hearing date. The tribunal must be told about any agreed variation before it comes into effect.2.4