Mrs E M Dorante Solorzano and Mr R F Almeda v Tiago Coelho T/a Happy Cod: 1404105/2020 and 1404106/2020
JUDGMENT
The complaints of unfair dismissal is struck out.REASONS
[1]By a letter dated 11th March 2021 the Tribunal gave the Claimants an opportunity to make representations or to request a hearing, as to why their complaints of unfair dismissal should not be struck out because; They does not meet the 2-year requirement Insufficient answers had been provided to question 1 of the Tribunal’s letter dated 11th March 2021[2]The Claimants have failed to make any or any sufficient representations in writing why this should not be done or to request a hearing. The complaints of unfair dismissal are therefore struck out.[3]The claimants’ remaining claims continue to a hearing, notice of which will be sent to the parties in due course. Employment Judge Livesey Date: 10 May 2021 Judgment and Reasons sent to the Parties: 14 May 2021 FOR THE TRIBUNAL OFFICE Case Number: 1404105/2020 EMPLOYMENT TRIBUNALS Claimant: Mrs E M Dorante Solorzano Mr R Almeda Respondent: Tiago Coelho t/a Happy Cod[1]The claimants’ claims for unlawful deduction from wages succeed; and[2]The first claimant worked for 1056 hours at £8.20 per hour and was not paid, and the respondent is ordered to pay the first claimant the gross sum of £8,659.20; and[3]The second claimant worked for 1056 hours at £8.72 per hour and was not paid £9,208.32, but did receive £8,960.00, and the respondent is ordered to pay the second claimant the balance namely the gross sum of £248.32; and[4]The first claimant’s claim for accrued but unpaid holiday pay succeeds, and the respondent is ordered to pay the first claimant ten days’ pay in the gross sum of £440.00; and[5]The second claimant’s claim for accrued but unpaid holiday pay succeeds, and the respondent is ordered to pay the second claimant ten days’ pay in the gross sum of £480.00; and[6]The respondent failed to issue either claimant with a written statement of the particulars of their employment and (pursuant to s38 of the Employment Cases Numbered 1404105/2020 and 1404106/2020 2 Act 2002) the respondent is ordered to pay the first claimant two weeks’ pay in the gross sum of £440.00, and the respondent is also ordered to pay the second claimant two weeks’ pay in the gross sum of £480.00.