Mr R Potter v TCL Beds & Mattresses: 1307493/2019
JUDGMENT
[1]The complaint of non-payment of notice pay is dismissed following a withdrawal by the claimant. _____________________________ Employment Judge Lloyd 4 March 2020[2]Case No: 1307493/2019 1.18 UDL – length of service - strike out judgment -.part claim EMPLOYMENT TRIBUNALS Claimant: Mr R Potter Respondent: TCL Beds & Mattresses[4]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 Lloyd 04/03/2020 Case No: 1307493/2019 EMPLOYMENT TRIBUNALS Claimant Respondent Mr R Potter v TCL Beds & Mattresses Mr Tim Clapham T/A TCL Beds & Mattresses AMENDED JUDGMENT OF THE EMPLOYMENT TRIBUNAL ON RECONSIDERATION The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013: Rules 70 - 73 In Chambers: Birmingham On: 6 April 2021 Before: Employment Judge Lloyd[1]I exercise the tribunal’s powers under Rule 70, and I vary the said judgment of 21 February 2020, to state the correct name of the respondent, namely Mr Tim Clapham T/A TCL Beds & Mattresses.[2]Subject to 1) above the said default judgment is unchanged, namely: “1. The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the gross sum of £768.68. 2. The respondent has failed to pay the claimant’s accrued but untaken holiday entitlement upon termination of employment and is ordered to pay the claimant the gross sum of £295.56.[3]The respondent shall pay to the claimant the total sum of £1064.24.” Amended Judgment signed electronically by