Who do i name as the respondent on my ET1 form?

[inneedofhelp01]

Hello,

I am taking my old employer to an employment tribunal over unpaid wages through wrongful dismissal and breach of contract and unpaid holiday.

On my ET1 form, i had named the respondent as (name - trading under company name)

Initially when i started ACAS conciliation i started the case as purely her name as the respondent, and not the company name however i was later advised to change it to just company name.

The respondent has sent a letter in response saying that they advise we re-issue and re-serve our claim since the respondent was incorrect, as it could not be the company name due to it not being a 'separate entity'?

The company is a partnership and there are four partners, however i have had no dealings with the other four partners and the actions/letters in questions have all been signed by her - the lady i want to make the claim against.

I have tried contacting ACAS again and they each tell me different things, but for a partnership company do i list the respondent as 'name of individual trading as company name' or 'name of all four partners trading as company name' or just simply the company name?

It appears that the 'respondent' is trying to get the case thrown out of court on a technicality, however the judge had simply asked us to accept if we wanted to change the name of the case respondent. What will be the effect of a possible name change in the respondent?

I would really appreciate any help at all,

Many thanks.

[FlamingParrot]

Re: Who do i name as the respondent on my ET1 form?

What sort of company is it? Is it a limited company? A Limited Liability Partnership (LLP)? or how is it set up?

[teaboy2]

Re: Who do i name as the respondent on my ET1 form?

As per what Flamingparrot asks above - Who's name appeared on your wage slip and on your contract of employment?

Also where you an employee or a member of the partnership i.e. a partner yourself?

[inneedofhelp01]

Re: Who do i name as the respondent on my ET1 form?

As per what Flamingparrot asks above - Who's name appeared on your wage slip and on your contract of employment?

Also where you an employee or a member of the partnership i.e. a partner yourself?

Hello,

thanks for your reply.

the company is a partnership and their are four partners. My employment contract states that I am employed by the names of the four partners trading under silversprings.

i was an employee and was not a parter myself

[teaboy2]

Re: Who do i name as the respondent on my ET1 form?

Is the company name Silversprings Care LLP

[happylife]

Re: Who do i name as the respondent on my ET1 form?

I would put as you see in your contract, Payslips.
Employers will try every trick in the book to get your claim thrown out. Make sure you complete you ET1 fully and give full reasons and details of the reason for taking it to tribunal, not just one paragraph. ( i haven't been paid etc)
If the form does not provide sufficient reason for it to be held it could get thrown out. I almost made that mistake.

[inneedofhelp01]

Re: Who do i name as the respondent on my ET1 form?

I would put as you see in your contract, Payslips.
Employers will try every trick in the book to get your claim thrown out. Make sure you complete you ET1 fully and give full reasons and details of the reason for taking it to tribunal, not just one paragraph. ( i haven't been paid etc)
If the form does not provide sufficient reason for it to be held it could get thrown out. I almost made that mistake.

Look thank you I will do. My employer directed that it be re-served however the judge simply ordered for it to be amended, and we where sent a letter asked if we would accept the amendment. Me employer briefly filled out the response form (both claim and response have now been accepted) ans has stated she wants to be allowed to make another response form once the respondent has been amended. However as we are not reissuing and simply a,mending, will she be allowed to send a second more detail response form when her first one was very very brief in comparison to ours and it was accepted?

Many thanks for your reply, very much appreciated.

[happylife]

Re: Who do i name as the respondent on my ET1 form?

Look thank you I will do. My employer directed that it be re-served however the judge simply ordered for it to be amended, and we where sent a letter asked if we would accept the amendment. Me employer briefly filled out the response form (both claim and response have now been accepted) ans has stated she wants to be allowed to make another response form once the respondent has been amended. However as we are not reissuing and simply a,mending, will she be allowed to send a second more detail response form when her first one was very very brief in comparison to ours and it was accepted?

Many thanks for your reply, very much appreciated.

Just follow the orders of the Tribunal. If your employer request to submit a more detailed response and is allowed there is little you can do.

I provided a limited response on my ET1 form as I at the time didn't think it had to be lengthy. My employer complained and asked for it to be thrown out based on my ET1. Their request was refused. I was expecting the Judge to ask me to provide better particulars but they didn't.

Just amend the part you have been asked to amend nothing else. Then see what happens.. Good luck.