Thank you. He cannot claim for unfair dismissal because he needs to have been there for at least 2 years, which he had not. He can potentially claim for his notice period, if he was not given one, and that would be either the contractual notice period due to him or 1 week, whichever is greater.
In terms of the court claim against him, if they believe that he was personally involved in this, there is nothing stopping them from including him in the claim. You can of course request for him to be removed, if you do not believe he has a case to answer, but you cannot force them to do so. If they refuse, the matter rests entirely with the court and you would have to ask them to do this. Any evidence you have will help to support your request, but if the court also decides not to remove him, he will have to defend himself in court and still use that evidence as necessary.
What you can say to the other side’s solicitors is that by leaving him as a respondent, they are pursuing a claim which has no reasonable prospects of success and if they continue with it and lose, which is likely, you will seek to recover any costs incurred in defending it. If they do not remove him, he should approach the court to request that they order that.
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