Mr F Allsopp v L A Jones T/a ROFL Comedy Club: 1302549/2022
JUDGMENT
The complaint that the claimant was 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 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. Employment Judge Gaskell 25 October 2022 Case No: 1302549/2022 Crown Copyright 2023 EMPLOYMENT TRIBUNALS Claimant: Mr Fraser Allsopp Respondent: Mr Lee Andrew Jones, T/A ROFL Comedy Club Heard at: Birmingham Employment Tribunal (remote public) On: 28.07.2023 Before: Judge L Mensah remotely Representation Claimant: In person Respondent: In person The Tribunal orders are as follows:[2]The Claimant’s claim for unlawful deduction of wages is made out. I award the sum of £1212.24 net, as his last month’s pay.[3]The Claimant’s claim for holiday pay, not taken and accrued at the date of termination, is well founded and made out. I award him 7 days (18 days minus the 11 days had already taken in the leave year 1 April 2021 to 31.03.2022) in the sum of £416.85 net.[4]The Respondent admitted, and it was well founded, the Respondent did not provide the Claimant with pay slips or any itemised pay particulars. I declare the same under section 12 (3)(b) Employment Rights Act 1996.[5]The Respondent failed to provide the Claimant with a statement of particulars/ contract of employment and this is made out.[6]I award two weeks’ pay under Section 38 of the Employment Act 2002 in the sum of £297.75 net x 2 £595.50 net. Total: £2224.59 net Case No: 1302549/2022 Crown Copyright 2023