Claimant v Antonio Zanghi
Outcome
Individual claims
The claimant withdrew the unauthorised deduction from wages claims following payment by the respondent. The tribunal dismissed these claims on withdrawal.
The tribunal struck out the complaint of breach of contract in respect of commission payments under Rule 38(1)(a) as having no reasonable prospect of success.
The complaint of unfair dismissal was dismissed for want of jurisdiction because the claimant did not have at least two years of continuous service when the claim was brought as required by section 104 of the Employment Rights Act 1996.
Facts
The claimant brought claims for unauthorised deduction from wages, breach of contract for commission payments, and unfair dismissal against an individual respondent. The wage deduction claims were resolved through payment. The claimant did not have two years of continuous service required for unfair dismissal. The respondent did not participate in the hearing.
Decision
The tribunal dismissed the wage claims on withdrawal following payment, struck out the breach of contract claim for commission as having no reasonable prospect of success, and dismissed the unfair dismissal claim for lack of jurisdiction due to insufficient continuous service under ERA 1996 section 104.
Practical note
Claimants must have two years continuous service to bring unfair dismissal claims, and breach of contract claims for commission can be struck out at preliminary stage if they have no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 2305553/2023
- Decision date
- 18 February 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Antonio Zanghi
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No