Mr M Davies v Zipworld Ltd: 1600950/2021
JUDGMENT
The complaint of constructive unfair dismissal is struck out.REASONS
[1]At a final hearing on today’s date, it was explained to the parties that the complaint of constructive unfair dismissal must be struck out on the basis that it has no reasonable prospect of success as the Tribunal does not have jurisdiction. The Claimant issued the complaint on 18 July 2021 and resigned on 3 August 2021 with immediate effect (no notice). The parties agree that this is when the Claimant resigned.[3]The claimant’s remaining claim of unauthorised deduction of wages remains listed for hearing (notice of hearing to follow). Employment Judge C Sharp Dated: 4 March 2022[1]The claimant’s claim for unauthorised deduction of wages is well-founded.[2]In breach of section 13(1) of the Employment Rights Act 1996, the respondent deducted from the claimant’s wages without his authorisation 2 months’ pay. It is ordered to pay him the sum of £1494 net.