Miss K Kosiba v Redditch BTL Properties Ltd: 1300611/2018 and 130618/2018
JUDGMENT
The complaint that the claimants were unfairly dismissed is struck out.REASONS
[2]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to make an unfair dismissal complaint.[3]The claimants were employed by the respondent for less than two years.[4]Therefore the claimants are not entitled to bring such a complaint.[5]The claimants have failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. Employment Judge Lloyd 9 April 2018 Case Nos: 1300611 & 130618/2018 1 EMPLOYMENT TRIBUNALS Claimant: Miss K Kosiba Respondent: Redditch BTL Properties Limited Heard at: Birmingham On: 28 January 2019 Before: Employment Judge Flood (sitting alone) Representation Claimant: In person Respondent: Did not attend[1]The claimant’s claim of breach of contract (notice pay) is well founded and succeeds. The claimant is awarded the sum of £646.70.[2]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the sum of £3139.97. This is made up of the sum of £2218.73 in respect of unpaid wages and £921.24 unpaid overtime worked.[3]The above sums are to be paid gross and the claimant is to be responsible for the payment of any income tax and National Insurance Contributions thereon.