Mr C Smith v Dominick’s Catering Ltd: 2401662/2020
EMPLOYMENT TRIBUNALS
Case No 2401662/2020
Between
Mr C SmithClaimantDominick’s Catering LtdRespondent
Before
Employment Judge Phil AllenDate 7 July 2020
JUDGMENT
The part of the claimant’s complaint of unlawful deduction from wages which relates to deductions from payments due prior to 2nd March 2018 is struck out.
REASONS
[1]At a hearing held on 7th July 2020, at which the respondent’s application to strike out all of the claimant’s claims against the respondent was considered, the Tribunal gave the claimant an opportunity to make representations as to why the part of his deduction from wages claim which related to payments due prior to 2nd March 2018 should not be struck out because that part had no reasonable prospect of success.[2]Section 23(4A) of the Employment Rights Act 1996 provides that the Tribunal can only consider a complaint which relates to a deduction where the date of payment of the wages from which the deduction was made occurred within the period of two years ending with the date of presentation of the claim. The claimant’s claim was entered at the Tribunal on 2nd March 2020.[3]The claimant failed to make any sufficient representations, why this should not be done and why this part of his claim had any prospect of success. The part of the claimant’s complaint of unlawful deduction from wages which relates to a deduction from payments due prior to 2nd March 2018 is therefore struck out.[4]The claimant’s remaining claims will proceed to hearing. Case No: 2401662/2020