Mr U Zafar and Mr N Rusman v Miracle Care Centre c/o P Omoruyi: 1400114/2024 and 1400281/2024
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 Dawson Date: 28 March 2024 The claimant brings the following claims :[2]Redundancy Pay -As the claimant was employed by the respondent from 2nd December 2022 until 24th October 2023 he has insufficient length of service to be entitled to a redundancy payment.[3]Notice Pay – The claimant was not paid notice on termination of his employment and is entitled to 1 weeks’ notice in the sum of £461.53 (gross).[4]Unlawful Deduction From Wages – It is not disputed in the ET3 that the claimant is entitled to unpaid wages for October 2023 in the sum of £1285.76 (gross).[5]Holiday Pay- It is accepted that the claimant is owed unpaid holiday pay but the amount is not quantified in either the ET1 or ET3. The holiday year is January – December and the claimant’s evidence is that he had taken no holiday during that holiday year which would give a pro rata holiday entitlement of £1746.13 (gross). Mr U Zafar (R1)[6]Mr Zafar attempted to join the hearing but there were technical difficulties which prevented him from doing so and his case had to be adjourned. As the respondent did not attend I have given the directions below in the hope that I can give a written judgement in the case of MR Zafar and it will not be necessary to re-list the case forhearing.
[7]Redundancy Pay – The claimant was employed from 10th June 2023 until 24th October 2023. Like Mr Rusman he has insufficient length of service to be entitled to redundancy pay.[8]Notice Pay – The claimant is entitled to one weeks/notice pay. Case No: 1400114/2024 1400281/2024 - --3---[9]Unlawful Deduction from Wages – The claimant claims that he was not paid for September or October 2023 but has not set out how much he is claiming.[10]Holiday Pay – The claimant has not set out how much he is claiming.[11]Directions – The claimant is directed to supply within 14 days a Schedule of Loss setting out: i) How much he is claimant in notice pay and how it is calculated; ii) How much he is claiming in unpaid wages and how it is calculated; iii) How much he is claiming as unpaid holiday pay and how it is calculated, and specifically how many days holiday (if any) he had taken during his employment.[12]On Receipt the EJ will give a written judgment if possible, or further directions if not. .