Mr T Bangert v Perfectstay Travel Ltd and PerfectStay Travel Ltd: 3306688/2020 and 3306689/2020
JUDGMENT
[1]The First Respondent is ordered to pay the Claimant the following sums, without deduction, as compensation for breach of contract:-1.1 £557.39 for failure to reimburse expenses;1.2 £2,169.84 for failure to reimburse the cost of medical insurance;1.3 £1,997.00 for failure to provide travel insurance;1.4 £6,000.00 for failure to pay pension contributions.[2]The employment tribunal has no jurisdiction to hear the Claimant’s claims for:–2.1 payment of bonus2.2 payment of commission2.3 failure to award shares2.4 future loss of earnings2.5 reimbursement of legal fees2.6 emotional distress[3]The claims against the Second Respondent are dismissed.REASONS
[1]The claimant presented his claims on 4 June 2020.[2]In reality the two respondents are the same entity, company number11320606, incorporated on 20 April 2018.[3]The respondent, which was served at its registered office in the United Kingdom and its head office in Paris, has failed to present a response or attend this hearing.[4]I have heard the evidence of the claimant and read the documents to which I have been referred. I am satisfied on the basis of that evidence that the claimant is entitled to damages in the above sums by reason of the first respondent’s breaches of contract.[5]The tribunal does not have jurisdiction for any claims breach of contract that did not arise or were outstanding at the effective date of termination. This applies to the claimant’s claims for bonus, commission and future loss of earnings. None of these sums were payable at the effective date of termination.[6]The tribunal has no jurisdiction in respect of any alleged entitlement to a share award.[7]The tribunal can only award legal costs in specific circumstances. None exist here.[8]The claimant is not entitled to damages for emotional stress: he has not pleaded any form of discrimination that might entitle him to such an award. 14/3/2022