Mr P King v DIA Systems Ltd: 2300916/2023 and 2306856/2023
JUDGMENT
The complaint of unfair dismissal is struck out.REASONS
[1]By a letter dated 23 March 2023 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint unfair dismissal should not be struck out because it has no reasonable prospect of success, in that it appeared that the claimant did not have two years’ service as required by section 108 of the Employment Rights Act 1996.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The complaint of unfair dismissal is therefore struck out.[3]The claimant’s remaining claims of breach of contract, unauthorised deduction from wages and failure to pay annual leave remain listed for hearing on 29 September 2023. Employment Judge Leith 22 May 2023 Case No: 2300916/2023 and 2306856/2023 EMPLOYMENT TRIBUNALS Claimant: Mr P King Respondent: DIA Systems Limited Heard at: London South (via video) On: 23 May and 24 May 2024 and 27 August 2024 Before: Employment Judge Russell Representation Claimant: In person Respondent: Mr D Stewart, Counsel[1]The complaints of breach of contract for failing to pay the Claimant commission and failing to award a pay rise are not well-founded and are dismissed.[2]The complaint of constructive dismissal is not well-founded and is dismissed.[3]The Claimant is entitled to a payment in lieu of accrued but untaken holiday on termination of employment. The Respondent is entitled to deduct this sum from monies owed by the Claimant.[4]The Respondent’s counter claim succeeds.[5]The parties agreed on the sum that the Claimant owes the Respondent. By consent the Claimant is ordered to pay the Respondent the total sum of £12,823.