Mr D Miles v Shine On Ovens Ltd: 1403046/2020
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. Case Number: 1403046/2020 (CVP) EMPLOYMENT TRIBUNALS Claimant Respondent v Mr Daniel Miles Shine On Ovens Ltd Judgment Heard at: Southampton On: 5 February 2021 Before: Employment Judge Rayner Appearances For the Claimant: In person For the Respondent: Did not Attend[1]The hearing was conducted by the parties attending by video conference (CVP. It was held in public with the Judge sitting in open court in accordance with the Employment Tribunal Rules. It was conducted in that manner because a face to face hearing was not desirable in light of the restrictions imposed by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 4) Regulations 2020 and the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020, as amended.[2]The Respondent has made an unlawful deduction form the Claimants pay in respect of the following:a. Holiday pay of £345.00 grossb. Wages for 4 days @£75.00 per day of £300.00 gross.[3]The Claimants claim for £69.00 in respect of an unlawful deduction of wages is dismissed.[4]The Claimants claim in respect of £300.00 tax rebate is dismissed for want of jurisdiction.[5]The Respondents counter claim in respect of £20.00 paid to the Claimant for an overnight allowance succeeds.[6]The remainder of the Respondents counter claim is dismissed.[7]The Respondent will now pay to the Claimant the sum of £625.00, calculated as follows: Holiday pay owed to £345.00 gross Claimant Case Number: 1403046/2020 (CVP) Unpaid wages £300.00 Total payable by £645.00 Respondent to Claimant Less employers £625.00 counterclaim of £20.00 Total now payable by £625.00 gross Respondent to Claimant