This case involved a technical point that can trip up a number of employees and remove their rights - that of putting the correct name of their employer on their claim form. Strangely enough, from the tribunal decision, it looks like the respondent's representative also got the name of the employer wrong at the hearing.

The respondent's rep stated that the correct title of the Respondent was Kellor Services Ireland Limited and that the claimant had lodged the claim against Munster Joinery t/a Kellor Services Limited. It transpired that a CRO check found the company name to be Kellor Services (IRE) Limited. In effect, the EAT concluded that the claimant had inadvertently left out the '(IRE)' part of the respondent's correct name.

The respondent's rep also stated that the employee had stated the wrong address for the employer, which he claimed has a Registered Office of the Company at Cahernard, Castleisland, Co. Kerry. The claimant had used Ballydesmond, Laca Cross, Mallow, Co. Cork. The EAT had no truck with this argument, either: the address of the employer recorded in the Contract of Employment was Lacka Cross, Ballydesmond, Mallow, Co. Cork. Further, the address Lacka Cross, Ballydesmond, Mallow, Co. Cork appears on the headed note paper of Kellor Services Ireland Limited as well as recording the Registered Office being at Cahernard, Castleisland, Co. Kerry.

The Tribunal also found that this case can be distinguished from the case of UD38/2001, where an employee named the HR Manager and the hotel in which he worked as his employers, rather than company C Ltd. 

The EAT concluded it would be an injustice not to allow the Claimant to proceed with his claim in all of the circumstances and recorded that the correct title of the employer was Kellor Services (Ire.) Limited, a somewhat ironic finding, given the new policy of anonymising tribunal decisions.

The claim may now proceed to full hearing under the Unfair Dismissal Act:
http://bit.ly/GReWe8