Mr. E. JorgeClaimantBioren Ltd. Hearing: Final Merits HearingRespondent
Before
Employment Judge TinnionDate 18 December 2023
JUDGMENT
[1]The following claims are struck out under Rule 37(1)(a) (no reasonable prospect of success) because the Respondent has not dismissed the Claimant, who remains one of its employees:(a) unfair dismissal claim under ss.94-98 of the Employment Rights Act 1996;(b) breach of contract/notice pay claim;(c) redundancy payment claim under s.164 of the Employment Rights Act 1996.[2]The following claim is dismissed under Rule 52 following its withdrawal by the Claimant at the hearing: (a) claim for “other payments” (box ticked on ET1) NOTE 1. Judgments are published online after they have been sent to the parties. Signed (electronically): Employment Judge Antoine Tinnion Date of signature: 2 November 2023 Date sent to parties: 03 November 2023 Case No: 2209992/2023 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mr. E. Jorge Respondent: Bioren Ltd. Hearing: Final Merits Hearing Heard at: London Central ET (by video/CVP) On: 18 December 2023 Before: Employment Judge Adkin Appearances: For Claimant: In person For Respondent: Mr. Burgess, Solicitor[1]The claim of unpaid wages for the period 1 June 2022 to 31 May 2022 under s.13 of the Employment Rights Act 1996 was not well founded and is dismissed.[2]The claim of accrued but unpaid annual for the period 1 June 2022 to 31 May 2022 under regulation 13 & 13A of the Working Time Regulations 1998 has been brought prematurely and is dismissed.[3]The Respondent’s application for the costs of the hearing on 2 November 2023 made by letter of 22 November 2023 is dismissed. NOTE 1. The Respondent concedes that the Claimant has accrued and continues to accrue annual leave entitlement from 1 June 2022 until 18 December 2023 the date of the hearing. The entitlement to be paid has yet to crystalise either through termination of employment (e.g. resignation or dismissal) or the Claimant returning from sick leave. Case No: 2209992/2023 2 of 2 Employment Judge Adkin Date of signature: 18 December 2023 Date sent to parties: 19/12/2023 Reasons having been given orally at the hearing, the parties may apply for written reasons within 14 days of the date of this order being sent to them pursuant to rule 62 of the Employment Tribunal (Constitution & Rules of Procedure) Regulations 2013, Schedule 1.