Stud farm groom's claim struck out after naming wrong employer

A procedural error that proved fatal

This case shows how a seemingly small mistake – naming the wrong respondent on a tribunal claim form – can derail an entire case. The groom and a colleague were dismissed from their jobs at a stud farm in July 2021. They had been transferred to Hildare Stud Farm Ltd under TUPE in 2020, but they still thought of the company's directors, Hugh and Anna Sims-Hilditch, as their employers.

When their lay representative (the first claimant's father) contacted ACAS for early conciliation, he correctly named the company. But when he filled in the ET1 claim forms, he named the directors instead. The directors' response made clear they were not the employer, yet no action was taken to correct the error for over a year.

What the losing side could have done differently

The tribunal found that it was reasonably practicable for the claimants to have brought claims against the company in time. The early conciliation certificate had the company's name on it, and the directors' response in March 2022 explicitly stated who the real employer was. Instead of acting on that information, the representative argued that the directors were the employers – a position the tribunal described as having no reasonable prospects.

By the time the company was finally added as a respondent in August 2022, over nine months after the three-month time limit had expired, it was too late. The tribunal had no power to extend the time limit because the claimants could have easily named the correct party from the start.

Why the result matters

This decision is a stark reminder that employment tribunal claims are subject to strict time limits and procedural rules. Naming the wrong respondent is not a minor technicality – it can be fatal. The case also highlights the risks of relying on a lay representative who is unfamiliar with tribunal procedure. While the tribunal acknowledged the representative's lack of legal experience, it did not accept that as a reason for the delay.

For anyone considering a tribunal claim, the key takeaway is simple: make sure you know your employer's correct legal name and use it consistently from the early conciliation stage onwards. If you are unsure, check your contract, payslips, or the Companies House register before you submit your claim.