Case 2602908/2020 · Employment Tribunal
Mr R Niessen v Mr G L Thornley Considered on the papers — 2020
- Case reference
- 2602908/2020
- Decision date
- 23 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Adkinson
Parties
2 namedClaimant
Mr R Niessen
Respondent
Key findings
Tribunal's reasoningThe claim for unfair dismissal was struck out. The tribunal recorded that Mr Niessen had been employed by Mr G L Thornley for less than two years, so section 108 of the Employment Rights Act 1996 prevented him from bringing an unfair dismissal complaint. The judgment also records that the claimant was given an opportunity to explain why that claim should not be struck out, but did not provide an acceptable reason.
The respondent did not present a response. The tribunal therefore entered judgment in default on the remaining claim that it identified in the decision, namely unauthorised deduction from wages. It found that the respondent had made an unauthorised deduction from the claimant's wages and ordered payment of the net sum of £2,100.
The decision was taken on the papers by Employment Judge Adkinson on 23 September 2020. No lay members were listed, and the judgment does not set out any separate remedy breakdown beyond the single net award of £2,100.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out because the claimant had less than two years' service and was therefore not entitled to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. The tribunal said the claimant had been given the opportunity to explain why the complaint should not be struck out but had not given an acceptable reason. | Struck out | — | — |
| Unlawful deduction from wages | The tribunal found that the respondent had made an unauthorised deduction from the claimant's wages and entered judgment in default for the net sum of £2,100. | Upheld | — | £2,100 |
Remedy
Monetary award- Total award
- £2,100
- across all upheld claims
Legal tests applied
3 references- s.108 Employment Rights Act 1996
- Rule 21 Judgment
- Employment Tribunal Rules of Procedure 2013
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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