M Arslan v Passive Tax Ltd: 6001378/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the Midlands East Employment Tribunals on 29th March 2024. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of part of the claim in accordance with Rule 21 of the Rules of Procedure.[2]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £6,428.57 gross.[3]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £3,000.00.[4]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £1,286.00.[5]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £830.75.[6]The respondent must pay the claimant £11,545.33 in total.REASONS
[1]By a letter dated 6th November 2024 the Tribunal gave the Claimant an opportunity to make representations or to request a hearing, as to why the complaint for a protective award should not be struck out because it had no reasonable prospect of success given that the Respondent employed fewer than 20 employees at the establishment at which he was employed. The duty to inform and consult was therefore not engaged and the complaint therefore had no reasonable prospect of success.[2]The Claimant has failed to make any representations why this should not be done or to request a hearing. The remaining complaint for a protective award is therefore struck out.[3]The Claimant’s remaining complaints have already been determined.