Mr. Bright Ampomah v Just Build UK Limited JUDGEMENT FOLLOWING PRELIMINARY HEARING — 2021

This was a preliminary hearing concerning Mr Bright Ampomah’s claims for unlawful deduction from wages, wrongful dismissal and breach of contract against Just Build UK Limited. The tribunal identified the core factual dispute about when employment ended and found it more likely than not that the claimant was dismissed on 30 October 2020. It also found that the payroll run was 6 November 2020, so that was the date by which the remaining wages and notice pay should have been paid.

On limitation, the tribunal held that the claims were presented in time. The claimant started ACAS early conciliation on 16 December 2020 and the certificate was issued on 27 January 2021. Although the certificate initially named the employer incorrectly as Euro Foods, the tribunal found the respondent was aware of the issues and was engaging with ACAS, and that the mistaken name was an understandable error because the claimant’s payslips were in a different name from his contract. The tribunal also held, in the alternative, that if the claims were out of time it was not reasonably practicable to present them sooner and they were then brought within a further reasonable period.

The tribunal refused to strike out or order deposits against any of the claims. On the unlawful deduction claim, it noted the respondent accepted the wages had not been paid but argued for set-off because of alleged damage after a repair on 18 October 2020. The tribunal said that, on the evidence then available, and including the respondent’s own calculations in the bundle showing wages of £3,841.36, the claim could not be said to have little or no reasonable prospects of success and required determination at a full hearing.

On the wrongful dismissal claim, the tribunal noted that the respondent’s dismissal letter was created on 19 November 2020, stated that the claimant would be paid one week’s notice, made no reference to gross misconduct, and the contract also provided for one week’s notice. The letter said the notice would be paid on 6 November 2020, but the claimant said it was not paid. The tribunal held that this claim also had more than little or no reasonable prospects of success. On the breach of contract claim, the claimant said he was seeking expenses, including transport and PPE; the tribunal found the claim had been pleaded from the start and that whether the expenses were reasonably incurred and repayable was a matter for the final hearing.