Miss S Raza v Fox and Grapes (Tinhay) Ltd: 1401908/2019

EMPLOYMENT TRIBUNALS
Case No 1401908/2019Venue ExeterHearing 4 October 2019 Representation: For the Claimant: In person For the Respondent: No Appearance Entered, Did Not Attend THE TIME FOR PRESENTING A RESPONSE HAVING EXPIRED AND NO VALID RESPONSE HAVING BEEN PRESENTED JUDGMENT UNDER RULE 21 AND REMEDY JUDGMENT 1. That part of the Judgment dated 20 June 2019 and sent to the parties on 18 July 2019 declaring that the claimant is entitled to a statutory redundancy payment is hereby revoked because the claimant did not have sufficient qualifying service by reason of section 155 of the Employment Rights Act 1996. The claimant is not entitled to a statutory redundancy payment; and 2. The claimant was discriminated against on the grounds of her sex, and her dismissal was discriminatory on the grounds of her sex. She is awarded loss of earnings for the period of 16 weeks at her net weekly pay of £235.96 which is a sum of £3775.36. Interest is awarded at 8% from the midpoint between her constructive dismissal on 1 April 2019 and today’s date which is 94 days at £0.83 per day, being an additional £78.02. In addition, the claimant suffered sexual harassment and was distressed and required medical assistance. She sees injury to feelings in the sum of £10,000 which is awarded. Interest on that sum at 8% from 1 April 2019 until today’s date is 187 days at £0.83 per day being an additional £155.21. Accordingly, the respondent is ordered to pay the claimant compensation for discrimination on the grounds of her sex in the total sum of £14,008.59 inclusive of interest. Case No. 1401908/2019 2 3. The claimant’s claim for unlawful deduction from wages has succeeded in respect of deducted but unpaid pension contributions and the respondent is ordered to pay the claimant the gross sum of £164.21; and 4. The claimant’s claim for accrued but unpaid holiday pay has succeeded and the respondent is ordered to pay the claimant 79 hours and 29 minutes
Between
Miss S RazaClaimantFox and Grapes (Tinhay) LimitedRespondent
Before
Employment Judge RoperIn person for claimantNot represented for respondentDate 4 October 2019

JUDGMENT

The complaint that the claimant was unfairly dismissed is struck out.

REASONS

[1]The claimant complains of unfair dismissal.[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 Roper Date: 11 June 2019 Case No. 1401908/2019 1 EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent Miss Sharriee Raza AND The Fox & Grapes (Tinhay) Limited (In Voluntary Creditors’ Liquidation)