Ms S Woodham v Epicureanism Ltd and Others: 8003216/2025 and 8000024/2026
JUDGMENT
The Judgment of the Employment Tribunal is that the second respondent, The Edinburgh Beer Factory Ltd, is removed from the proceedings under Rule 35(2) of the Employment Tribunals Rules of Procedure 2024.REASONS
[1]The claimant has presented 2 claims to the Employment Tribunal, which have now been combined, under case numbers 8003216/2025 (the 2025 case) and 8000024/2026 (the 2026 case).[2]During the course of the Preliminary Hearing, which took place on 14 May 2026 by CVP, Ms McLean spoke to the second respondent’s application to be removed from the proceedings in terms of Rule 35 of the Employment Tribunals Rules of Procedure 2024, on the basis that her clients were the transferors in the TUPE transfer which meant that they were no longer liable for any actions relating to the claimant.[3]The claimant consented to this application.[4]Rule 35(2) provides: “The Tribunal may, on its own initiative, or on the application of a party, remove any party that appears to have been wrongly included.”[5]The second respondent is therefore removed from the proceedings, of consent.