Mr A Serb and Mr P Stoneman v Freight Solutions Consulting Ltd: 1400565/2024 and 1400566/2024
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 Bax Date: 1 May 2024[1]The claim was issued in the Bristol Employment Tribunals on 06.03.2024. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]Unlawful Deduction From Wages/ Breach of Contract - The respondent has made unauthorised deductions from the claimant’s in the sums of:; i) £129.31 (unpaid wages) (net); ii) £1500.00 (unpaid commission) (gross). Notice Pay - £2,500 (notice pay) (gross)[4]The respondent must pay the claimant £4,129.31 in total. _____________________________ Employment Judge Cadney Date: 15th August 2024[1]The complaint of breach of contract in relation to notice pay for both C1 and C2 is not well-founded and is dismissed. Wages[2]The complaint of unauthorised deduction from wages (pay and commission) in respect of C1 is dismissed.[3]The complaint of unauthorised deduction from wages (expenses) in respect of C2 is well-founded. The respondent shall pay C2 the sum of £1100.00. Respondent’s contract claim[4]The respondent’s breach of contract claims against C1 and C2 is well-founded. The claimants (C1 and C2) are jointly and severally ordered to pay the respondent the sum of £1000.00 as compensation for breach of contract. Case Numbers: 1400565/2024 1400566/2024