Case 1401570/2020 · Employment Tribunal
Mr A J Foster v Arkaya Energy Ltd Mr K Sharma Heard By: CVP — 2021
- Case reference
- 1401570/2020
- Decision date
- 26 July 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Craft Representation
Parties
2 namedClaimant
Mr A J Foster
Key findings
Tribunal's reasoningMr A J Foster brought claims against Arkaya Energy Ltd and Mr K Sharma. The tribunal recorded that the claims against the second respondent, Mr Sharma, were dismissed. The case was heard by Employment Judge Craft on 12 to 15 July 2021, and the written record notes that reasons were given orally at the hearing.
The claimant was employed by the first respondent from 1 September 2018. His claim for ordinary unfair dismissal failed because he did not have sufficient continuity of employment to pursue it. His claims of automatic unfair dismissal under s.103A Employment Rights Act 1996 and detriment under s.47B Employment Rights Act 1996 were also dismissed.
The tribunal dismissed the claimant's claim for unlawful deduction of wages in respect of unpaid commissions, and it dismissed the claim for wrongful dismissal in respect of unpaid notice. The only sum awarded was £2,579.13 for accrued holiday pay due from the first respondent at the effective date of termination of employment.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed because the claimant did not have sufficient continuity of employment to pursue an ordinary unfair dismissal claim against the first respondent. | Dismissed | — | — |
| Whistleblowing | Dismissed. The judgment records an automatic unfair dismissal claim contrary to s.103A Employment Rights Act 1996 against the first respondent. | Dismissed | — | — |
| Whistleblowing | Dismissed. The judgment records a detriment claim under s.47B Employment Rights Act 1996 against the first respondent. | Dismissed | — | — |
| Unlawful deduction from wages | Dismissed. The claim concerned unpaid commissions. | Dismissed | — | — |
| Wrongful dismissal | Dismissed. The claim concerned unpaid notice pay. | Dismissed | — | — |
| Holiday pay | Successful claim for accrued holiday pay due at the effective date of termination. | Upheld | — | £2,579 |
Remedy
Monetary award- Total award
- £2,579
- across all upheld claims
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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