Mr S Pathan v Midlands Community Home Care: 1304476/2023
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 J Jones Date: 1st December 2023 Case No: 1304476/2023 1 EMPLOYMENT TRIBUNALS Claimant: Mr S Pathan Respondent: Genesis Healthcare Group Limited[1]The Respondent has failed to present a valid Response on time. The Employment Judge has decided that a determination can properly be made of the Claim, in accordance with rule 21 of the Employment Tribunals Rules of Procedure 2013.[2]The Claimant’s complaints of breach of contract and unauthorised deductions from wages succeed and the Respondent must pay the Claimant the sum of £1,341.26 gross, comprising the sums set out below:(1) £816.66 for overtime;(2) £24.60 for shadowing;(3) £500.00 for notice pay;[3]The Claimant’s complaint as to holiday pay and unauthorised deductions from wages succeeds and the Respondent must pay the Claimant the sum of £900 gross.[4]The Claimant’s complaints of breach of contract succeed and the Respondent must pay the Claimant the sum of £915.94 in respect of unpaid expenses, comprising the sums set out below;(1) £574.56 for mileage;(2) £341.38 for Uber hire and bank transfers to staff.[5]The Respondent must pay the Claimant the total sum of £3,157.20. Case No: 1304476/2023 2