Case 6026255/2025 · Employment Tribunal
Mr U Javaid v Ifixtech — 2026
- Case reference
- 6026255/2025
- Decision date
- 3 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge KM Ross
Parties
2 namedClaimant
Mr U Javaid
Respondent
Key findings
Tribunal's reasoningMr Javaid's claim against Ifixtech was struck out for material non-compliance with an Unless Order issued on 20 May 2026. The claim form referred to a redundancy payment, minimum-wage underpayment, holiday pay and travel expenses, with £2,000 requested. The respondent disputed that it had employed Mr Javaid and sought further information.
The Tribunal found that Mr Javaid had not provided his dates of employment, a calculation explaining the £2,000 claimed, copies of payslips or proof of earnings, or explanations for failing to answer earlier requests and the strike-out application. Although he said that he had been paid in cash and that information was stored in the iCloud of a lost iPhone, the Tribunal found that he had not shown any effort during the preceding five months to retrieve it from another device. The Tribunal held that employment dates and a calculation of the amount claimed were basic information necessary for an unlawful deductions claim under section 13 of the Employment Rights Act 1996.
Applying Rule 39(2) of the Employment Tribunal Rules of Procedure 2024 and Mr A Minnoch and Others v Interservefm Ltd, the Tribunal considered the reason for and seriousness of the default, prejudice to both parties and whether a fair trial remained possible. It found the default serious, doubted that a fair trial remained possible, and identified a serious risk that the claim was out of time because it was treated as presented only after the ACAS certificate defect was corrected. The application for relief from sanction was refused, and no monetary remedy was awarded.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The claimant alleged that he had not been paid the minimum wage or travel expenses. The claim was struck out for material non-compliance with the Unless Order and was not determined on its merits. | Struck out | — | — |
| Holiday pay | The claimant alleged that holiday pay had not been paid. The claim was struck out as part of the claim as a whole and was not separately determined on its merits. | Struck out | — | — |
| Redundancy | The claimant had selected redundancy payment on the claim form. The claim was struck out as a whole, without a separate determination of the redundancy payment allegation. | Struck out | — | — |
Legal tests applied
4 references- s.13 Employment Rights Act 1996
- Rule 39(2) Employment Tribunal Rules of Procedure 2024 — interests of justice
- Mr A Minnoch and Others v Interservefm Ltd [2023] ICR 861 (EAT)
- Reason for default, seriousness of default, prejudice and whether a fair trial remains possible
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.
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