Case 1401643/2022 · Employment Tribunal
IDRIS ILYAS v PMP Recruitment Limited (in administration) — 2022
- Case reference
- 1401643/2022
- Decision date
- 24 October 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Oldroyd
Parties
2 namedClaimant
IDRIS ILYAS
Key findings
Tribunal's reasoningThe claimant began employment with the respondent on 17 November 2021 and was placed on an assignment with Amazon. After suffering a back injury, he did not return to work for Amazon. The tribunal accepted that the assignment ended, but found that the contract of employment with the respondent had not been terminated.
The unfair dismissal claim was struck out because section 108 of the Employment Rights Act 1996 requires two years' continuous employment for an ordinary unfair dismissal claim, and the claimant accepted that he did not have that length of service. The breach of contract claims were dismissed because the tribunal found the employment relationship was ongoing, so it had no jurisdiction under the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994.
The tribunal did not decide whether the signing-on bonus or statutory sick pay were due. It held only that, if pursued as unlawful deduction from wages claims, they were presented in time after taking account of the ACAS early conciliation period, and those claims were to proceed to a final hearing.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out under Rule 37(1) because the claimant did not have two years' continuous employment and the claim had no reasonable prospect of success. | Struck out | — | — |
| Breach of contract | The tribunal dismissed the breach of contract claims for lack of jurisdiction because it found the claimant's employment contract remained in force. | Dismissed | — | — |
| Unlawful deduction from wages | The tribunal determined at the preliminary hearing that the unlawful deduction from wages claims relating to the signing-on bonus and statutory sick pay were presented in time; merits were left for a final hearing. | Other | — | — |
Legal tests applied
6 references- Rule 37(1) Employment Tribunal Rules of Procedure
- section 108 Employment Rights Act 1996
- Article 3 Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994
- section 23 Employment Rights Act 1996
- section 207B Employment Rights Act 1996
- Bear Scotland v Fulton [2015] IRLR 16
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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