Mr D Whelan v MGRWK Business Support Services Ltd: 2202532/2019
JUDGMENT
[1]This case was listed for a final hearing today, 3 December 2019 at 2 pm. The claimant did not attend the hearing.[2]The correct name for the respondent is as shown above.[3]The claimant was employed by the respondent as a bookkeeper between 15 January and 12 April 2019.[4]By a claim form dated 30 June 2019, following a period of early conciliation from 25 to 28 June 2019, the claimant brought a claim for unpaid wages.[5]In his claim form, the claimant says that he accepted an offer from the respondent for 50% of the wages for days he worked in April, but was now bringing a claim for the other 50% as he accepted the lower offer previously “under duress”.[6]The respondent provided a copy of the COT3 agreement entered into between it and the claimant in June 2019. The claimant initiated a period of early conciliation under a different case reference to the one relied on as the basis for the claim. Case Number: 2202532/2019[7]I make a finding that the claimant initiated a further period of early conciliation for the same claim that he settled and that there is no basis for his claim that the settlement was “under duress.”[8]The tribunal therefore does not have jurisdiction to consider the fresh claim which is an abuse of process and it is therefore rejected and/or dismissed.