Ms Owusu-Agyei (Counsel). For the v Mr Swatton (Managing Director). — 2021

At the open preliminary hearing on 20 August 2021, Employment Judge M Warren considered the claimant's application to strike out the respondent's response, or alternatively obtain a deposit order, and the respondent's own application for an adjournment. The tribunal refused the adjournment, noting that the hearing was by CVP, that the respondent had had around 10 months since issue to resolve its position, and that the overriding objective required the case to proceed.

The tribunal recorded that the claimant's employment contract provided for a salary of £98,000 per annum, 28 days' annual leave, payment in lieu of accrued but unused holiday on termination, and four weeks' notice. Mr Swatton accepted that no salary payments had been made and that the respondent did not dispute entitlement to salary, notice pay and accrued holiday pay. In those circumstances, the tribunal struck out the response so far as it purported to resist the claims for unlawful deduction from wages, unpaid holiday pay and notice pay, and entered judgment for the claimant on those claims. Quantum was left to a remedy hearing.

The tribunal refused the claimant's strike out or deposit application in relation to the automatic unfair dismissal and detriment claims based on protected disclosures, and the automatic unfair dismissal claim based on asserting a statutory right. It treated the respondent's ET3 and oral case as advancing a defence that the dismissal arose from financial difficulties, lack of business and failed contracts after Covid-19, which meant the defence could not be said to have no or little reasonable prospects of success on a summary basis. Those claims were therefore not determined on their merits at this hearing.