Case 3313933/2021 · Employment Tribunal
In person For the v Mr Junaid Ali, Director — 2022
- Case reference
- 3313933/2021
- Decision date
- 3 August 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Forde Appearances
- Venue
- Reading
Parties
2 namedClaimant
In person For the
Respondent
Key findings
Tribunal's reasoningThe claimant brought a claim for unpaid wages and said he had an employment contract dated 12 March 2021 for 30 days from 15 March 2021 to 13 April 2021, with a further period of work beyond that contract and sums said to be due in euros. He said he worked remotely from Italy and received instructions from people he identified as "Dina" and "Alexandra" through a website or portal. The respondent denied that it had ever employed the claimant and said it had no knowledge of him or of anyone called Dina working for the business.
The tribunal noted a number of inconsistencies between the parties' cases, including the respondent's evidence that its contact details and website position did not match the details relied on by the claimant. On the evidence before it, the tribunal found on the balance of probabilities that the claimant was not employed by the respondent. It said that although the claimant may have believed he was employed by an entity, that entity was not the respondent named in the proceedings.
Because of that finding, the tribunal held that the claim failed and that it would be scandalous to allow what it described as a false or fraudulent claim to proceed against the respondent. It also considered that a fair hearing would not be possible because the respondent named in the claim was manifestly not the correct respondent. The claim was therefore struck out under Rule 37, and no monetary remedy was awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Claim for unpaid wages was struck out under Rule 37; the tribunal made no merits finding on entitlement to payment. | Struck out | — | — |
Legal tests applied
2 references- Rule 37
- balance of probabilities
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.