St Aubyn v Willis - Respondent named was not claimant's employer, his company was [2011] EAT

Confusion over respondent was resolved to make clear that the party named was not, in fact, the claimant's employer - his insolvent limited company was. 

Mr Willis brought an employment tribunal claim for redundancy payment and alleging that his employer had not paid pension contributions on his behalf. He named the Respondent to his claim as Mr St Aubyn, although he clearly meant Mr St Aubyn's company, Fitzroy Group, for which he had worked for 18 years and which had become insolvent. At the tribunal hearing no-one attended for the respondent, who was amended on the record to read "Nicholas St Aubyn trading as Fitzroy Group". The tribunal found in Mr Willis's favour.