Groom at stud farm loses unfair dismissal claim after naming wrong respondent

A procedural error that cost the case

This case shows how a simple mistake in naming the correct respondent can derail an otherwise potentially valid unfair dismissal claim. The claimant, a groom at a stud farm, was dismissed on 8 July 2021. Her ACAS early conciliation certificate correctly named her employer, Hildare Stud Farm Ltd, but when she filed her claim she named an individual, Hugh Sims-Hilditch, instead.

What went wrong

The tribunal found that the claimant's lay representative, who handled the case, did not correct the error even after the individual respondent filed a response stating he was not the employer. It was not until 30 August 2022 – over 13 months after the dismissal – that Hildare Stud Farm Ltd was added as a respondent. By then, the time limit for bringing a claim had long expired.

The key question was whether it was reasonably practicable for the claimant to have brought the claim in time. The tribunal said yes: the claimant knew her employer was the company, as shown by the ACAS certificate, and could have named it on the claim form. There was no good reason for the delay.

Why this matters

This case is a reminder that employment tribunal claims have strict time limits – usually three months from dismissal. Getting the respondent's name wrong does not stop the clock. If you are unsure who your employer is, check your contract or payslips. If you use a representative, ensure they are familiar with tribunal procedures. A procedural slip can mean losing the right to bring a claim altogether, regardless of its merits.