Mr H Prashar v Sales Management Institute Corporation and PMO Global Institute Inc: 6000400/2025
JUDGMENT
[1]The claimant was dismissed by the First Respondent in breach of contract in respect of notice and the First Respondent is ordered to pay him damages in the gross sum of £577.50 (subject to tax and National Insurance).[2]The claim against the Second Respondent is struck out.REASONS
[1]This public preliminary hearing was listed to deal with the First and Second Respondent’s application for a strike out and/or deposit order.[2]The claimant’s claims are for breach of contract. The claimant’s letter of appointment makes clear that his employer was the First Respondent. As such, the claim against the Second Respondent must be struck out as having no reasonable prospect of success.[3]The claimant’s letter of appointment states that the contractual employment was subject to termination by either party by giving 15 days’ notice. The letter of appointment also states that the claimant would be governed by the current and future policies and procedures of the company.[4]The First Respondent has a Probation and Induction policy that provides for a 7- 10 day induction period that could be terminated on one day’s notice. The claimant said that he never received this until after his employment was terminated.[5]The claimant worked on 9,10 and 11 September 2024. He was dismissed on 12 September 2024. He was therefore entitled to four days’ pay and he has been paid £225. The claimant accepts that this was the correct pay.[6]The only issue in this case is whether the claimant was entitled to 1 or 15 days’ notice. 7. 15 days’ notice from 12 September 2024 would cover 11 working days. 11 x 3.5 hours x £15 = £577.50 gross[8]In my judgment the claimant’s case is arguable and I cannot conclude that he has no or little reasonable prospect of success.[9]In my judgment the claimant has no other claims against the First Respondent.[10]On a pragmatic basis, the First Respondent was prepared to accept that I deal with the matter today and issue a judgment against the First Respondent for £577.50 gross. The claimant agreed.[11]Accordingly, a judgment has been issued. Approved by: