Mr T Scarrett v Eco Fix UK Ltd: 1403336/2022
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.[1]The claim was issued in the Bristol Employment Tribunals on 20 October 2022. 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]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £1280 gross.[3]The claimant was not reimbursed for tools as expenses in breach of contract. The respondent must pay damages to the claimant of £1000.[4]The Respondent had failed as at the start of these proceedings to provide to the Claimant a written Statement of Particulars of Employment as required by Section 1 of the Employment Rights Act 1996 (“ERA”). Under Section 38 of the Employment Act 2002 (“EA”), he is awarded and shall be paid by the Respondent a further sum of 2 weeks gross pay calculated at a rate of £180.00 per week and thus a total of £360.[5]The respondent must pay the claimant £2640 in total.