EAT PRACTICE AND PROCEDURE – ACAS Certificates
The claimant raised proceedings against three respondents because there was a lack of clarity as to the identity of her employer. The first and second respondents were the same entity, an LLP. The claimant had been employed from 1998, her contract of employment naming her employer as the individual who was and is the principal actor in the business. However, the identity of her employer appeared to have changed in that by the date of her dismissal in 2016 she was being paid by an LLP. Her position was that she had not been advised or consulted in relation to any change of employer.
She secured two ACAS Certificates naming two prospective employers, namely the individual either with a trading name or possible trading as an unlimited liability partnership and secondly the LLP. The Employment Tribunal had erred in treating the two certificates as if they applied to the first and second respondents, who were the same entity, and in not allowing the claim against the individual to proceed.
Appeal allowed on the basis that the claimant now conceded that the second respondent would be deleted from the proceedings so that the claim would proceed against the individual and the LLP pending final clarification of the identity of the employer.
Citations:
[2017] UKEAT 0002 – 17 – 1705
Links:
Jurisdiction:
England and Wales
Employment
Updated: 27 March 2022; Ref: scu.590422