Mr D Thomson v Horfield Care Ltd: 1403939/2021
JUDGMENT
[1]The respondent’s application to strike out the breach of contract (expenses) claim on the basis that it has no reasonable prospect of success is successful. The claim is struck out in accordance with Rule 37(1)(a).[2]The respondent’s application to strike out the breach of contract (pay rise) claim on the basis that it has no reasonable prospect of success is successful. The claim is struck out in accordance with Rule 37(1)(a).[3]The respondent’s application to strike out the claim for unauthorised deduction from wages on the basis that it has no reasonable prospect of success is dismissed. The alternative application that the claimant should be ordered to pay a deposit in order to pursue the claim was granted as the claim has little reasonable prospect of success. The terms of the Deposit Order are contained in an Order set under separate cover. Employment Judge Le Grys Dated: 25 March 2022 Judgment sent to parties: 14 April 2022 FOR THE TRIBUNAL OFFICE Case Number: 1403939/2021 2 Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case Number: 1403939/2021 EMPLOYMENT TRIBUNALS Claimant: Mr. David Thomson Respondent: Horfield Care Ltd Heard at: Bristol ET On: 16 November 2022 Before: Employment Judge G. King Representation Claimant: In person Respondent: Mr. Allan Roberts (counsel)[1]The Claimant’s claim in respect of Unlawful Deductions from Wages is not well founded and is dismissed.[2]The deposit of £200.00 shall be paid to the Respondent, pursuant to Rule 39(5)(b).[3]The Respondent’s application for a Costs Order is refused.