Miss C Derwin v Eversely Retirement Home: 1310057/2020
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 Gaskell 17 April 2021 Case number: 1310057/2020 EMPLOYMENT TRIBUNALS BETWEEN Claimant AND Respondent Miss C Derwin Eversley Care Home[1]The Tribunal does not have jurisdiction to hear the claimant’s claim for unfair dismissal as the claimant has insufficient service to bring such a claim. As such, the claim for unfair dismissal is dismissed.[2]The claimant’s claims for arrears of pay, unlawful deduction from wages and holiday pay succeed and the respondent is ordered to pay the claimant the sum of £770.02 (gross), broken down as follows:2.1 arrears of pay in the sum of £160.38 (gross) in respect of her trial hours;2.2 underpayment of hours in the sum of £138.00 (gross);2.3 holiday pay in the sum of £151.63 (gross);2.4 unlawful deduction of wages in respect of the claimant’s wages for September 2020 in the sum of £287.76 (gross); and2.5 arrears of pay in respect of on-line training undertaken by the claimant in the sum of £32.25 (gross).[3]Each of the payments set out in paragraph 2.1 to 2.5 (inclusive) above are subject to tax and national insurance contributions.