Suing The Wrong Employer*
This issue arose in the case of ADJ-00026760 in a case of A Chef –v- A Restaurant.
The employee in this case sued for the non-payment of his Holiday Pay. He sued the entity that he worked for. However that business had transferred under the Transfer of Undertaking Regulations to a new entity.
The Adjudication Officer held that the obligation passed from the respondent employer to the transferee employer and therefore the claim was dismissed.
The employee in this case represented himself. The reality of this case is that the employee lost not because they did not have a good claim but because they issued against the wrong entity. Unfortunately the law in Ireland is complex and individuals issuing their own claims are often found to be issuing against the wrong entity and in those circumstances their case can be lost which is exactly what happened here.
*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.
*In contentious cases a solicitor may not charge fees or expenses as a proportion or percentage of any award or settlement.