Claimant v Henry Wiltshire Ltd
Outcome
Individual claims
The claimant's claim for commission was withdrawn by the claimant at the hearing and subsequently dismissed upon withdrawal by the tribunal.
The tribunal found that the respondent did not fail to pay notice to the claimant. The claim for breach of contract relating to notice pay was dismissed on its merits.
Facts
Mr Williams brought claims against Henry Wiltshire Ltd for unpaid commission and breach of contract relating to notice pay. The hearing took place remotely by CVP with the claimant representing himself and the respondent represented by Ms Highfield, a company director. The claimant withdrew his commission claim during the hearing.
Decision
Employment Judge Craft dismissed the commission claim upon withdrawal by the claimant. The breach of contract claim for failure to pay notice was dismissed after the tribunal found the claim failed on its merits, determining that the respondent had not failed to pay notice to the claimant.
Practical note
Even where a claimant withdraws one claim, other claims can still proceed to a merits hearing and may fail where the tribunal finds the employer met its contractual obligations.
Case details
- Case number
- 6019722/2024
- Decision date
- 18 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No