Mr P Perinparajah v Mrs Darshini Thanoyan-Ambalam and others: 1303500/2018
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 Harding 19 September 2018 Case Number: 1303500/2018 EMPLOYMENT TRIBUNALS Claimant: Mr P Perinparajah Respondent: Mrs Darshini Thanoyan FINAL HEARING Heard at: Birmingham On: 15 February 2019 Before: Employment Judge Camp (sitting alone) Appearances For the claimant: in person For the respondent: no appearance[1]The respondent’s name is amended to – as above – Mrs Darshini Thanoyan.[2]The respondent made unauthorised deductions from the claimant’s wages and must pay him the sum of £3,625.29, being the amount of the deductions made.[3]Pursuant to section 38 of the Employment Act 2002, the respondent must also pay the claimant a sum of £2,032.00, being 4 weeks’ pay, for failure to provide a written statement of employment particulars under section 1 of the Employment Rights Act 1996.[4]The total amount that must be paid by the respondent to the claimant is: £5,657.29[5]In addition, pursuant to section 12A of the Employment Tribunals Act 1996, the respondent is ordered to pay a penalty to the Secretary of State in the sum of £2,828.65[6]This Judgment was made and took effect on 15 February 2019.[7]Reasons for the Judgment were given orally at the hearing. Written reasons will not be provided unless asked for by a written request presented within 14 days of the sending of this decision to the parties. Case Number: 1303500/2018 Signed by Employment Judge Camp Date: 15 February 2019 Case Number: 1303500/2018 Claimant: Mr P Perinparajah Respondent: Mrs Darshini Thanoyan ANNEX TO THE JUDGMENT (Financial Penalty) The Tribunal has, under section 12A of the Employment Tribunals Act 1996, imposed a financial penalty on the respondent. (See Above). That sum is now payable to the Secretary of State. Responsibility for the collection of that payment has been passed to a Debt Collection Agency who has been appointed by the Department of Business, Energy and Industrial Strategy, to collect such penalties on behalf of the Secretary of State. The Debt Collection Agency will contact you within the next few days to explain how that payment should be made. You should note that if the financial penalty is paid no later than 21 days after the date of this letter, the sum payable is reduced by 50%. In the event of an application for reconsideration of, or appeal against, the decision to impose a financial penalty recovery will be suspended until the outcome of the application for reconsideration or appeal is known. However, please note that the 21 day period referred to above is not affected by any application for appeal or reconsideration.