Mr P Palmer v Gap Organics Ltd and Gap Group North East Ltd: 2500747/2024
JUDGMENT
[1]The following complaints are struck out because they have no reasonable prospect of success:1.1 The complaints against the first and second respondents that the claimant’s dismissal was automatically unfair by virtue of section 104 of the Employment Rights Act 1996.1.2 The complaints against the first and second respondents in respect of outstanding/unpaid holiday pay insofar as that is a claim about sums payable by virtue of the Working Time Regulations 1998.[2]The claim form includes a claim that the first and/or second respondent made an unauthorised deduction from wages and/or breached the claimant’s contract of employment by failing to pay a sum due under the terms of his contract of employment in respect of accrued, untaken holiday on termination of employment. That claim is not struck out. Employment Judge Aspden 4 December 2024 Case Number: 2500747/2024 PHCM Order 2 of 2 September 2023 Notes Reasons for any disputed decision having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.REASONS
[1]The claimant was ordered to pay a deposits of £25.00 to pursue each of the above complaints at a preliminary hearing held on 14 November 2024. The Order was sent to the claimant on 4 December 2024. The claimant has failed to pay these deposits. The complaints referred to above are therefore struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.