Mr R El Bouni and Mr D Chiodi v MKZS Investments Ltd: 1305602/2023 and 1305618/2023

EMPLOYMENT TRIBUNALS

Case No 1305602/2023, 1305618/2023

Between

In Person (assisted by Mr Evans, translator)Claimant

MKZS Investments LtdRespondent

Before

Employment Judge Chivers

In person for claimant

Date 22 October 2024

JUDGMENT

[1]The first claimant’s complaint of unfair dismissal was not presented in time. The claimant did not show that it was not reasonably practicable for the claim to be presented in time in accordance with section 111 Employment Rights Act 1996. The Tribunal have no jurisdiction to hear the claim and it is struck out.

[2]The first claimant’s complaint of non-payment of redundancy payment under s135 and 164 Employment Rights Act 1996 was not presented in time, but it is just and equitable to extend time. This claim will therefore proceed.

[3]The first claimant’s claim for unpaid holiday pay under regulations 13, 13A and 30 of the Working Time Regulations 1998 was not presented in time and there are no grounds to extend the time limit. The Tribunal has no jurisdiction to consider this claim and it is struck out.

[4]The second claimant’s claims of unfair dismissal and non-payment of statutory redundancy pay are struck out upon withdrawal. 10.2 Judgment - rule 61 February Case Numbers: 1305602/2023 and 1305618/2023

[5]The second claimant’s complaint of unauthorised deductions from pay (by paying less than the National Minimum Wage) was not presented in time and there are no grounds for extending the time limit. The Tribunal has no jurisdiction to consider this claim and it is struck out.

[6]The second claimant’s claim for unpaid holiday pay under regulations 13, 13A and 30 of the Working Time Regulations 1998 was not presented in time and there are no grounds to extend the time limit. The Tribunal has no jurisdiction to consider this claim and it is struck out Signed by: