Teacher's unfair dismissal claim against wrong legal entity struck out at preliminary hearing

This case highlights a common procedural trap in employment claims: identifying the correct legal entity as the respondent. The teacher, who worked at St Faith's School in Cambridge, named five different respondents in her unfair dismissal claim, including variations of the school's name. However, the tribunal found that the only legal employer was The Leys and St Faith's Schools Foundation, a registered charity and company limited by guarantee.

What went wrong

The teacher's contracts and statutory statements referred to the foundation as her employer, but she also named other entities that were not separate legal persons. This is a frequent issue where schools, charities, or groups of companies operate under a common brand but have a single corporate entity. The tribunal struck out the four incorrect respondents, leaving the claim to proceed only against the foundation.

What the losing side could have done differently

Before presenting her claim, the teacher could have checked her contract and any official correspondence to confirm the employer's exact legal name. A quick search of the Charity Commission or Companies House register would have shown that only the foundation was a registered entity. Her lay representative might have benefited from early advice on this point.

Why this matters

The decision does not decide the merits of the unfair dismissal claim – that will be heard later. But it shows that getting the respondent's name right is a critical first step. A claim against the wrong entity can be struck out, wasting time and costs. For anyone considering a tribunal claim, this case is a reminder to verify the legal status of the organisation you name as respondent.