Miss S Mack v Tony Jennings: 1801982/2019

EMPLOYMENT TRIBUNALS
Case No 1801982/2019
Miss S MackClaimantTony JenningsRespondent
Employment Judge LancasterIn person for claimantNot represented for respondentDate 5 July 2019

JUDGMENT

[1]The claim is withdrawn.[2]It is not in the interests of justice to dismiss the claim.

REASONS

The claim for unauthorised deductions from wages was presented more than 3 months after the end of employment, and more than 1 month after the Claimant had received an ACAS Early Conciliation certificate. Because that means that the Tribunal would not have jurisdiction, the claim has been withdrawn. The Claimant may, however, still wish to pursue a breach of contract claim in the County Court to recover the monies owed to her by her former employer, Grotto Hire UK Ltd. In these circumstances there is a legitimate reason for bringing such a further claim and it is not appropriate to dismiss this complaint upon withdrawal.