in person For the v Respondent — 2024

At a final merits hearing in Birmingham on 27 September 2024, before Employment Judge Perry sitting alone, the tribunal recorded a judgment by agreement on the wage complaint. It found that the respondent had made unlawful deductions from the claimant's wages and ordered payment of £3,200 gross for wages for 1 January to 16 February 2024, £190 in statutory guarantee payments, and £31.50 for travel expenses under Part II of the Employment Rights Act 1996.

On the disputed termination-related complaints, the tribunal held that the claimant had neither resigned nor been dismissed and therefore remained an employee. On that basis it said it did not currently have jurisdiction to hear his claim for notice pay or holiday pay payable on termination of employment. It also found that the claimant was not made redundant, so it did not currently have jurisdiction to hear the redundancy payment claim.

The claimant withdrew his claim to be compensated for stress, and the tribunal said it did not in any event have jurisdiction to hear that complaint on the basis of the complaints raised before it. It further found that the claimant had been provided with terms of employment under s.1 Employment Rights Act 1996, so that complaint failed. The tribunal made no additional award under s.24(2) Employment Rights Act 1996 because it found no evidenced financial loss beyond the sums ordered.