Case 1403369/2018 · Employment Tribunal
Mr L Wareham v KSDW Ltd — 2018
- Case reference
- 1403369/2018
- Decision date
- 29 October 2018
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Harper Date
Parties
2 namedClaimant
Mr L Wareham
Respondent
Key findings
Tribunal's reasoningMr L Wareham brought a complaint of unfair dismissal and complaints of wages due, failure to provide a contract of employment, and failure to provide pay slips against KSDW Ltd. The tribunal recorded that he had been employed for less than two years, so section 108 of the Employment Rights Act 1996 prevented him from bringing an unfair dismissal complaint. As a result, the unfair dismissal complaint was struck out after he did not provide an acceptable reason against strike out.
The tribunal recorded that the respondent had not presented a response to the claims of wages due, failure to provide a contract of employment, and failure to provide pay slips, and those complaints therefore succeeded. No remedy was assessed in this judgment, because the case was left listed for a separate remedy hearing.
The remedy hearing was fixed for 17 June 2019 at Southampton Magistrates' Court, and the time estimate for that hearing was reduced from two days to three hours.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal struck out the unfair dismissal complaint because the claimant had less than two years' service, so he was not entitled to bring the claim under section 108 of the Employment Rights Act 1996, and he did not give an acceptable reason why it should not be struck out. | Struck out | — | — |
| Unlawful deduction from wages | The complaint described as wages due succeeded because the respondent had not presented a response to the claim. Remedy was listed for a later hearing. | Upheld | — | — |
| Breach of contract | The complaint of failure to provide a contract of employment succeeded because the respondent had not presented a response to the claim. Remedy was listed for a later hearing. | Upheld | — | — |
| Other | The complaint of failure to provide pay slips succeeded because the respondent had not presented a response to the claim. Remedy was listed for a later hearing. | Upheld | — | — |
Legal tests applied
1 reference- section 108 Employment Rights Act 1996
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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