Mrs R Evans v The Pride Pubco Ltd: 1301858/2018
JUDGMENT
The Claimant’s claim of breach of contract (notice pay) fails and is dismissed. In the absence of an expressly agreed contractual recoupment provision:- The claimant’s claim for unpaid wages succeeds in part and she is awarded half a week’s pay for her final week of work £235.50 Her claim for unpaid holiday also succeeds (0.86 week) £405.00 Total (gross and subject to tax) £640.50REASONS
[1]The claimant complains of unfair dismissal.[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 claimant was employed by the respondent for less than two years.[4]Therefore the claimant is not entitled to bring such a complaint.[5]The claimant has 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.