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I am taking a company to court in two weeks time to an emploment tribunal. It turns out that all the paper work has been submitted under the companies trading name. The boss has been responding to all the paperwork and filled in court documents also using the trade name. Now his solicitor has pulled the name as being incorrect can they get the case thrown out???

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Hello and Welcome, ebonyo1.

 

I'll move this thread to the Employment Forum, think you'll get a better responce in there.

 

Regards.

 

Scott.


 
 

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I am taking a company to court in two weeks time to an emploment tribunal. It turns out that all the paper work has been submitted under the companies trading name. The boss has been responding to all the paperwork and filled in court documents also using the trade name. Now his solicitor has pulled the name as being incorrect can they get the case thrown out???

 

Yes. Sorry. But if the company no longer exists (or have already folded) then your empoyer might not exist in law any longer.


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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Yes the company still exists but it trades under one name which I was using but is registered with companies house under another and I was unsure as to how this would affect my case.

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Not really my field (SarEl is much better placed to answer), but subject to you actually establishing exactly who the employer was, it seems as though you may need to apply to the Tribunal to make an amendment to the claim. It is a bit late in the day to be doing that, and it will almost certainly delay proceedings, but I believe that the Tribunal has the power to allow such an amendment particularly where there is evidence that you have good cause to do so.


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Not really my field (SarEl is much better placed to answer), but subject to you actually establishing exactly who the employer was, it seems as though you may need to apply to the Tribunal to make an amendment to the claim. It is a bit late in the day to be doing that, and it will almost certainly delay proceedings, but I believe that the Tribunal has the power to allow such an amendment particularly where there is evidence that you have good cause to do so.

 

Yes. They will probably want an explanation of why you didn't know who your employer was, and it may now mean a delay.


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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

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