Miss K Blake v S Please: 1403548/2020
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: 16 November 2020Claim
[7]The Employment Judge confirmed with Ms Blake at the start of the hearing that her claim was for unlawful deduction of wages and that Mrs Please was her employer. Ms Blake confirmed that this was correct.[8]The Employment Judge also confirmed with Ms Blake that she was not bringing a breach of contract claim.The Law
[9]S.206(1) Employment Rights Act 1996, sets out where proceedings may continue when an employer has died. S.206 says, Where an employer has died, any tribunal proceedings arising under any of the provisions of this Act to which this section applies may be defended by a personal representative of the deceased employer. [Emphasis added][10]If s.206(1) does not apply, then a claim cannot continue.[11]The claims to which s.206(1) applies are set out in s.206(2). Specifically, the following parts of the Employment Rights Act 2006, a) Part 1, so far as it relates to itemised pay statements, b) Part 3, c) Part 5 d) Part 6, apart from sections 58 to 60 e) Parts 7 and 8, f) In Part 9, sections 92 and 93, and g) Parts 10 to 12[12]S.206(1), the continuation of proceedings after the death of the employer, does not cover claims arising under part 2 of the Act.[13]A claim for unlawful deduction of wages under s.13 of the Act falls within Part 2 of the Act. It therefore does not fall within the scope of s.206(1) and cannot continue following the death of the employer.Conclusions
[14]For the above reasons, as s.206(1) does not apply to a claim for unlawful deduction of wages under s.13 of the Act, Ms Blake’s claim was dismissed on the death of the respondent, Mrs Please. Case No: 1403548/2020 (V-VHS)