Mrs C Hammon v Mr Paul MacKay: 1402786/2018

EMPLOYMENT TRIBUNALS
Case No 1402786/2018Venue CHAMBERS AT PlymouthHearing 11 January 2019 THE RESPONDENT HAVING CONFIRMED THAT IT DOES NOT DISPUTE LIABILITY IN THIS CLAIM JUDGMENT UNDER RULE 21 1. The claimant’s claim for unlawful deduction from wages succeeds; and 2. The claimant’s claim for accrued but unpaid holiday pay succeeds; and 3. The appropriate remedy will be determined at a hearing on 26 April 2019 (notice of which is given in the attached case management summary). ________________________
Between
Mrs C HammonClaimantMr Paul MacKayRespondent
Before
Employment Judge RoperIn person for respondentDate 26 April 2019

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 Roper Date: 4 December 2018 Case No. 1402786/2018 1 EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent Mrs Claire Hammon AND Mr Paul Mackay Trading as The Clocktower Coffee Shop[1]The claimant’s claim for unlawful deduction from wages succeeds; and[2]The claimant’s claim for accrued but unpaid holiday pay succeeds; and[3]The appropriate remedy will be determined at a hearing on 26 April 2019 (notice of which is given in the attached case management summary). ________________________ Employment Judge N J Roper Dated 11 January 2019 Judgment sent to Parties on 23 January 2019 Page 1 of 1 Case No: 1402786/2018 EMPLOYMENT TRIBUNALS Claimant: Mrs Clare Hammon Respondent: Mr Paul Mackay t/a The Clock Tower Coffee Shop Heard at: Exeter On: 26 April 2019 Before: Employment Judge Fowell Representation: Claimant: Mr A E Haslam, MBE Respondent: In Person[1]The claimant suffered unlawful deductions from her wages in the following amounts:a. For her first week of work in the sum of £180;b. For two further days of work in the sum of £128;c. For failing to pay her at the correct hourly rate for some duties, £68.[2]There was a breach of the claimant’s contract of employment in respect of holiday pay in the sum of £254.24.[3]The total amount which the respondent is ordered to pay to the claimant is therefore £630.24.