Mr T Elson-Knight v J W Distillers Ltd: 1404243/2023
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. Employment Judge Midgley Date: 4 December 2023 Judgment sent to the Parties: 20 December 2023 FOR THE TRIBUNAL OFFICE Case Number: 1404243/2023 1 EMPLOYMENT TRIBUNALS Claimant: Mr Elson-Knight Respondents: JW Distillers Limited Heard at: Bristol (by CVP) On: 12 April 2024 Before: Employment Judge Murdoch Representation Claimant: In person Respondent: Did not attend[1]The complaint of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996 in respect of commission during the period 9 September 2022 to 10 May 2023 is well-founded. The respondent is ordered to pay to the claimant the gross sum of £2428.96 (calculated as £101,206.49 net sales of events and meals during relevant period, minus VAT which left £80,965.19, and then 3% commission of that figure).[2]The complaint of breach of contract in relation to notice pay for the period 11 May 2023 to 10 June 2023 is well-founded. The respondent is ordered to pay to the claimant the gross sum of £4166.67 (calculated as basic monthly wage of annual salary of £50,000, excluding commission).[3]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant’s pay by failing to pay accrued but untaken holiday pay in the current leave year from the 1 April 2023 (beginning of the leave year) until 10 May 2023 (date of resignation) and is ordered to pay the claimant the gross sum of £575 (calculated as three days holiday pay at £192 per day). Case Number: 1404243/2023 2