Mrs P Randhawa v Ascend Health Care and Childcare Training Ltd: 1303133/2022
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 Wedderspoon Date: 5 September 2022 CASE No 1303133/2022 EMPLOYMENT TRIBUNALS Claimant: Mrs Preetpal Randhawa Respondent: Ascend Health Care and Childcare Training Ltd Heard: by CVP in Birmingham On: 16th of April 2025 Before: Employment Judge Codd Appearances For the Claimant: Mrs Preetpal Randhawa For the Respondent: Not in attendance[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period between February 2022 and April 2022.[2]The respondent shall pay the claimant £2925, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Notice Pay[3]The complaint of breach of contract in relation to notice pay is well-founded. CASE No 1303133/2022[4]The respondent shall pay the claimant £487.50 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Holiday Pay[5]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[6]The respondent shall pay the claimant £975. The claimant is responsible for paying any tax or National Insurance. Interest[7]The respondent shall pay the claimant interest on the above sums at a rate of 8%. The respondent shall pay to the claimant £526.50. Employment Judge Codd Approved on 16th of April 2025 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.