Mr B Greenstein v Mr M Khan: 3201067/2023

EMPLOYMENT TRIBUNALS
Case No 3201067/2023
Mr. B. GreensteinClaimantMr. M. Khan Hearing: Final Merits HearingRespondent
Employment Judge TinnionDate 26 October 2023

JUDGMENT

[1]The Claimant’s claim of unauthorised deductions from wages under s.13 of the Employment Rights Act 1996 (Claim) is struck out under Rule 37(1)(a) (no reasonable prospect of success) because:a. during the period of his employment (25 April 202230 December 2022), the Respondent was not the Claimant’s employer;b. the Claim is an abuse of process, the Claimant’s claim against his former employer having been compromised by a COT3 Settlement Agreement reached on 13 January 2023 in respect of ACAS Case No: R281187/2022;c. the Claim was not presented in time;d. the Claimant’s claim is in substance a debt claim based on an alleged failure by Intrepid LDN Limited to make a payment of £1,141.03 to him on 1 February 2023 and a further payment of £2,141.03 to him on 20 February 2023, as required under the terms of the COT3 Settlement Agreement, not a wages claim under s.13 of the Employment Rights Act 1996. 1 of 2 Case Number: 3201067/2023