Employment Tribunal Strikes Out Duplicate Wage Deduction Claims
📌 In brief
The Employment Tribunal dismissed claims for unauthorised wage deductions and holiday pay. The claims were duplicates of previous claims and one respondent was not the claimant's employer.
⚖️ Legal holding
Duplicate claims and claims against non-employers are struck out as an abuse of process.
📖 Technical summary
Claims for unauthorised wage deductions and holiday pay were struck out due to prior settlements and lack of employer status.
📜 Headnote Official document
The Employment Tribunal struck out claims for unauthorised deductions from wages and holiday pay against two respondents. The claims were duplicates of previous claims settled by agreement, and one respondent was not the claimant's employer.
📚 Full judgment Official document
Case No: 2601504/2024 2601904/2024 2601820/2024
EMPLOYMENT TRIBUNALS
Claimant:
[redacted]
Respondent: [redacted]
[NAME_3] (2)
Heard at:
Nottingham On: 17 January 2025
Before:
Employment Judge M Butler (sitting alone)
Appearances
Claimant: [redacted] Respondent: [redacted]
JUDGMENT
The claims of unauthorised deductions from wages and for holiday pay against the first Respondent are struck out as an abuse of process since they are duplicates of previous claims brought by the Claimant and settled by COT3 agreement dated 5 June 2024.
The same claims against the second Respondent are struck out since that respondent was not the Claimant’s employer and the claims have no reasonable prospects of success.
Case No: 2601504/2024 2601904/2024 2601820/2024
_____________________________________
Employment Judge M Butler
______________________________________
Date 17 January 2025
JUDGMENT & REASONS SENT TO THE PARTIES ON
......27 January 2025.......................................................
........................................................................................
FOR THE TRIBUNAL OFFICE
Rule 60: Reasons for the decision having been given orally at the hearing, no further written reasons will be provided unless requested in writing by a party within 14 days of this decision being sent to them.
❓ Frequently asked questions
What did this decision decide?
The Employment Tribunal struck out claims for unauthorised wage deductions and holiday pay against two respondents.
What was the dispute about?
The dispute was about claims for unauthorised wage deductions and holiday pay that were previously settled by agreement.
How did the court decide, and why?
The court decided to strike out the claims as an abuse of process because they were duplicates of previous claims and one respondent was not the claimant's employer.
Which laws or rules were applied?
No specific laws or rules were applied in this decision.
What was the argument that mattered most?
The argument that mattered most was that the claims were duplicates of previous claims and one respondent was not the claimant's employer.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation may find their claims struck out if they are duplicates of previous claims or if the respondent is not their employer.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.