Bashir Ahmed v Master Trade Network Ltd

The EAT held the ET erred in striking out the response and in awarding injury to feelings for dismissal. The case is remitted to a different Employment Tribunal.

The Employment Tribunal struck out the employer’s response at the merits hearing on 7 October 2024. It then upheld the claimant’s claims for unlawful deduction of wages, lack of written statement of employment particulars and automatic unfair dismissal for asserting National Minimum Wage rights. It also made an injury to feelings award arising from the dismissal.

The Employment Appeal Tribunal held that the strike out was an error of law. It found that strike out was disproportionate and that a fair trial was still possible. It also held the decision was perverse.