Case 2200332/2020 · Employment Tribunal

Mr M Aamir And v Axis International Security Limited — 2020

Case reference: 2200332/2020
Decision date: 18 December 2020
Jurisdiction: England & Wales
Judge: Employment Judge Nicolle Dated

Indexed: 21 May 2026

Parties

2 named

Claimant

Mr M Aamir And

Respondent

Axis International Security Limited

Key findings

Tribunal's reasoning

At the CVP hearing on 18 December 2020, Employment Judge Nicolle Dated struck out the claims for ordinary unfair dismissal, the assertion of a statutory right under s.104 ERA, failure to provide written reasons for dismissal under s.92 ERA, and holiday pay under s.23 ERA. The judge found that the period between 29 March 2019 and 14 April 2019 broke any continuity of service from the claimant's earlier engagements, so there was no two years' continuous service and the tribunal had no jurisdiction to hear the ordinary unfair dismissal and s.92 claims.

The s.104 claim was struck out under Rule 37(1)(a) because the tribunal found it had no reasonable prospect of success. The holiday pay claim was also struck out because the claimant accepted that he had received all holiday pay or accrued holiday pay during the employment from 14 April 2019 to 13 September 2019, and any claim relating to the earlier contract-for-services period was substantially out of time.

For avoidance of doubt, the claims for unauthorised deduction of wages between 1 and 13 September 2019 and for failure to provide written employment particulars under s.1 ERA were allowed to proceed to a full merits hearing. The judgment did not determine those claims on the merits or record any monetary award.

Claims and outcomes

6 findings recorded

This case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	Struck out because the tribunal found there was no two years' continuous service and therefore no jurisdiction to hear the ordinary unfair dismissal claim.	Struck out	—	—
Other	Assertion of a statutory right under s.104 ERA; struck out under Rule 37(1)(a) because the tribunal found no reasonable prospect of success.	Struck out	—	—
Other	Failure to provide a written statement of reasons for dismissal under s.92 ERA; struck out because the tribunal found no two years' continuous service and therefore no jurisdiction.	Struck out	—	—
Holiday pay	The claimant accepted that holiday pay or accrued holiday pay had been paid for the period 14 April 2019 to 13 September 2019, and any earlier claim was found to be substantially out of time.	Struck out	—	—
Unlawful deduction from wages	Unauthorised deduction of wages between 1 and 13 September 2019; the judgment states this claim proceeds to a full merits hearing and does not finally determine it.	Other	—	—
Other	Failure to provide written employment particulars under s.1 ERA; the judgment states this claim proceeds to a full merits hearing and does not finally determine it.

Legal tests applied

6 references

Official outcome judgment PDF

Gov.uk primary record

The 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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