Mr Anthony Murphy v Sheringhams Fine Foods Ltd: 2303291/2018
JUDGMENT
The judgment of the Tribunal in this open preliminary hearing is that: -[1]The Claimant’s claims of unfair dismissal, harassment contrary to section 27 of the Equality Act 2010, indirect discrimination, holiday pay and in respect of payment for 3 days in May over a bank holiday and 3 days post resignation are struck out on the grounds that they stand no reasonable prospect of success.[2]The Respondent has accepted that the Claimant is entitled to 3 day’s pay which will be paid to him and the Respondent is directed to make that payment forthwith to avoid the issue having to be raised at any subsequent hearing.[3]The Claimant’s outstanding claims to be heard are therefore in respect of a proportion of the commission which it was anticipated he might be able to Case Number: 2303291/2018 earn on an indication of £7,000 for the full year and in respect of his allegation that the Respondent failed to comply with section 1 of the Employment Rights Act 1996 to supply a statement of initial employment particulars to him within the statutory period of 8 weeks.[4]The case will be listed for a judge sitting alone for 3 hours in Croydon on Tuesday, 26 March 2019 to begin at 14.00.