Mr A Artyunov v Staffline Recruitment Limited — 2022

This was a preliminary hearing on the Respondent's application to strike out parts of the claim or make a deposit order. The complaints identified in the earlier case management order were constructive unfair dismissal, direct race discrimination concerning dismissal and alleged health and safety matters in April 2021, and unlawful deduction from wages including unpaid wages and possible holiday pay.

On unfair dismissal, the Respondent argued that the Claimant had not resigned and that employment was continuing. The Claimant's representative said at the hearing that resignation took place in a telephone call on 9 July 2021, although he could not identify the person spoken to. The Tribunal considered that there were now facts to be tried and declined to strike out the unfair dismissal claim, particularly because the race discrimination claim also related to the alleged resignation.

On unpaid wages, it was not disputed that the Claimant had not performed work between 17 April 2021 and 9 July 2021. The Tribunal found that no contractual or other basis had been identified for payment during a period when no work was performed, and struck out that unpaid wages claim as having no reasonable prospects of success. On race discrimination, the Tribunal found that the information previously summarised in the case management order could not now be said to have no reasonable prospects of success, and refused the strike out application.