Mr M A S Jakir v Serenity Intergrated Care Ltd and P T Muguwe: 6014802/2024
JUDGMENT
[1]The claimant’s claims against the second respondent are dismissed as they can only be brought against an employer. The second respondent was not the claimant’s employer.[2]The claimant’s claim against the first respondent of unauthorised deduction from wages under section 13 of the Employment Rights Act 1996 is dismissed because it was not presented within the time limit prescribed by section 23(3) of the Employment Rights Act 1996 when it was reasonably practicable for him to have done so.[3]The claimant’s claim of failure to pay holiday pay accrued but not taken is dismissed because it was not presented within the time limit prescribed by section 23(3) of the Employment Rights Act 1996 when it was reasonably practicable for him to have done so.[4]The claimant’s application to add a claim for breach of contract under Article 3 of the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994 is refused. If it had been allowed, it would have been dismissed as it was 1 of 2 Case Number: 6014802/2024 presented out of time when it was reasonably practicable for it to have been presented in time.[5]The Tribunal does not need to go on to consider remedy because it has dismissed all the claimant’s claims. Approved by