Miss T Hughes v Machine Control Services Ltd: 1404377/2023
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 Roper Date: 12 October 2023[1]The Complaint of an unlawful deduction from wages is well founded. The Respondent has made an unlawful deduction from the Claimant’s wages, and breached her contract of employment, by failing to pay the Claimant the national minimum wage of £10.42 per hour and paying instead the Apprentice rate of £5.29 per hour from 13 June 2023 until 31 July 2023.[2]The Respondent will now pay the Claimant the difference in pay for 7 weeks at 36.5 hours a week, from 13 June 2023 until 31 July 2023, which is £2043.14, and which is the gross sum deducted. The Claimant is responsible for the payment of any tax or national insurance.[3]The Complaint in respect of holiday pay is well founded. The Respondent has made an unlawful deduction from the Claimant’s wages by failing to pay the Claimant for holiday accrued but not taken on termination of employment for the period 13 June 2023 until 31 July 2023.[4]The respondent will now pay the claimant the sum of £285.51 for 27.4 hours of holiday at the national minimum wage rate of £10.42 per hour. The Claimant is responsible for the payment of any tax or national insurance. THE RESPONDENT will now pay the claimant the total sum of £2328.66 (£2043.14 + £285.51). Case Number: 1404377/2023 2