Mr L Fellows v Nuffield Health: 2401646/2020
JUDGMENT
The complaints of breach of contract and for holiday pay are dismissed following a withdrawal by the claimant. The claimant’s remaining claim(s) will proceed to a hearing. Employment Judge Holmes Dated : 12 June 2020 JUDGMENT SENT TO THE PARTIES ON 2 July 2020 FOR THE TRIBUNAL OFFICE Case No. 2401646/2020 1 EMPLOYMENT TRIBUNALS Claimant: Mr L Fellows Respondent: Nuffield Health Heard at: Manchester (by CVP) On: 4 – 8 October 2021 Before: Employment Judge Warren Mr Clark Mrs Clover REPRESENTATION: Claimant: Self-represented Respondent: Mr Peacock JUDGMENT The unanimous judgment of the Tribunal is that:[1]The claims of breach of contract (notice pay) and unpaid annual leave, are dismissed upon withdrawal by the claimant.[2]The claim of direct sex discrimination is out of time and the Tribunal had no jurisdiction to hear it.[3]The claim of unlawful deduction from wages relating to annual leave is out of time and the Tribunal has no jurisdiction to hear it.[4]The claim of indirect sex discrimination is ill founded and is dismissed.[5]The claimant at the material time was not a disabled person, and all discrimination claims relating to alleged disability are thus dismissed.[6]The claim of unfair constructive dismissal is dismissed, the claimant resigned.[7]The claim of an unlawful deduction from wages is well founded. This claim succeeds. Case No. 2401646/2020 2[1]The parties are to attempt to resolve the issue of the outstanding wages. It will be for the parties to agree from their records and to the nearest five minutes, every occasion where the claimant commenced work early. It is for the claimant to prove his case on the balance of probabilities. It will be unlikely to meet this test if he attempts to estimate or guess.[2]Once the parties have agreed a Schedule of unpaid work, if any, they are to contact the Tribunal jointly and arrange for the matter to be listed for a half day hearing. Such contact is to be made with the Tribunal on or before 1 March 2022.