Mr P Duda v DCS Recruitment Ltd: 1305905/2019
JUDGMENT
[1]Upon the respondent not having filed a response and not defending the proceedings it is found that the respondent made unlawful deductions totalling £482.75 from the claimant’s wages contrary to Regulation 14 of the Working Time Regulations 1998 and s13 Employment Rights Act 1996, based on a weekly rate of £344.82 and an outstanding entitlement of 7 days. This sum is now payable by the respondent to the claimant. JUDGMENT[2]The complaint that the claimant was unfairly dismissed is struck out.REASONS
[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.