Mr R Burfoot v KWC (South West) Ltd: 1400386/2024
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 Self Date: 8 July 2024[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made unauthorised deductions from the claimant's wages in the period 1 February 2023 – 28 September 2023.[2]The respondent shall pay to the claimant the gross sum of £11,242.07 less any applicable sums payable in respect of tax or National Insurance. Notice Pay[3]The complaint of breach of contract in relation to notice pay is well-founded.[4]The respondent shall pay the claimant £2,916.67 as damages for breach of contract less any applicable sums payable in respect of tax or National Insurance. Holiday Pay[5]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the Case Number: 1400386/2024 claimant for 20 days of holiday accrued but not taken on the date the claimant’s employment ended.[6]The respondent shall pay the claimant £2,692.32 less any applicable sums payable in respect of tax or National Insurance. Expenses[7]The claimant’s complaint of breach of contract related to unpaid expenses is dismissed upon withdrawal.