Cases6023361/2025

Claimant v Mr R Patel t/a Marvans News

11 July 2025Before Employment Judge TsamadosLondon South Croydonremote video

Outcome

Other

Individual claims

Automatic Unfair Dismissalnot determined

Interim relief application granted by consent pending full hearing. The tribunal ordered continuation of contract under section 130 ERA 1996, which applies only to automatic unfair dismissal claims, typically whistleblowing or health and safety dismissals.

Facts

Mr Parmar was dismissed by his employer, Mr Patel trading as Marvans News, on 20 June 2025. He worked approximately 70 hours per week at the national minimum wage of £12.21 per hour. He brought a claim for automatic unfair dismissal and applied for interim relief under section 130 Employment Rights Act 1996.

Decision

The tribunal granted interim relief by consent, ordering continuation of the claimant's contract of employment. The respondent was ordered to pay arrears of £2,049.20 covering 21 June to 11 July 2025, and ongoing payments of £2,732.27 every four weeks until the claim is determined or settled. The claimant reserved the right to argue for higher pay at the final hearing based on his payslips.

Practical note

Interim relief applications can be resolved by consent, providing claimants with income protection pending final hearing while allowing respondents to avoid a contested interim relief hearing.

Legal authorities cited

Statutes

Employment Rights Act 1996 s.130Employment Rights Act 1996 s.130(1)

Case details

Case number
6023361/2025
Decision date
11 July 2025
Hearing type
interim
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Employment details

Claimant representation

Represented
Yes
Rep type
barrister