Mr O Adesalu v ABM Facility Services UK Ltd (sued as “ABM”) — 2020

The hearing was conducted remotely by CVP and became an audio hearing after connection issues. The tribunal considered that it could fairly identify the claims and issues, although it could not fairly hear witness evidence. The claimant's representative confirmed there was no holiday pay claim and that the holiday pay box had been ticked in error.

The tribunal stated that personal injury claims were outside its jurisdiction. It also identified the claim about lost belongings as only potentially being a breach of contract claim, but found that such a claim fell outside the tribunal's jurisdiction because the claimant remained employed by the respondent.

The only claim within jurisdiction was identified as an unlawful deduction from wages claim concerning pay during absence after an incident in October 2019. The tribunal treated the absence as sickness absence because there was a fit note stating that the claimant was unfit for work, and found that the respondent had paid more than the policy provided. The claimant had not produced any other contractual sick pay scheme or policy, and the tribunal struck out the claim as having no reasonable prospects of success.