Mr D Brooks v Allocate Software Ltd: 2600808/2020

EMPLOYMENT TRIBUNALS

Case No 2600808/2020

Between

Mr D BrooksClaimant

Allocate Software LtdRespondent

Before

Employment Judge Ahmed

Mr Sam Healey (instructed by Counsel, instructed by Gordons) for claimant

Mr Andrew Smith (instructed by Counsel, instructed by Mishcon De Reya) for respondent

Date 21 January 2021

JUDGMENT

The Employment Tribunal Judge gave judgment as follows:-

[1]The Claimant was an “employee” of 247 Time Limited since at least 1 November 2016.

[2]The Claimant has had continuity of employment with 247 Time Limited prior to 28 February 2018.

[3]The Claimant has continuous service in excess of the two-year qualifying period for the purposes of section 108 Employment Rights Act 1996 and thus the tribunal has jurisdiction to entertain a complaint of unfair dismissal.

[4]By consent, the full merits hearing listed for 19 - 22 April 2021 is hereby vacated. These proceedings are hereby stayed for a period of 6 months from today, or until any other order, having regard to the concurrent High Court proceedings between the parties. The Claimant shall keep the Tribunal updated on the progress of those proceedings.