Mr J Howe v Tiverton Stores Ltd: 1403688/2019

EMPLOYMENT TRIBUNALS
Case No 1403688/2019Venue CHAMBERS AT PlymouthHearing 26 November 2019 THE TIME FOR PRESENTING A RESPONSE HAVING EXPIRED AND NO VALID RESPONSE HAVING BEEN PRESENTED JUDGMENT UNDER RULE 21 1. The claimant’s claim for breach of contract succeeds and the respondent is ordered to pay the claimant one week’s notice pay in the sum of £197.04; and 2. The claimant’s claim for unlawful deduction from wages succeeds and the respondent is ordered to pay the claimant the gross sum of £361.24; and 3. The claimant’s claim for accrued but unpaid holiday pay succeeds and the respondent is ordered to pay the claimant the gross sum of £344.82.
Between
Mr J HoweClaimantTiverton Stores LtdRespondent
Before
Employment Judge RoperDate 26 November 2019

JUDGMENT

The claim 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 these proceedings.[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 claim is struck out. Employment Judge Roper Date: 22 October 2019[1]The claimant’s claim for breach of contract succeeds and the respondent is ordered to pay the claimant one week’s notice pay in the sum of £197.04; and[2]The claimant’s claim for unlawful deduction from wages succeeds and the respondent is ordered to pay the claimant the gross sum of £361.24; and[3]The claimant’s claim for accrued but unpaid holiday pay succeeds and the respondent is ordered to pay the claimant the gross sum of £344.82.