Mr J Scott v Rigit Marine UK Ltd ( In Voluntary Administration): 1405921/2019
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 Rayner Date: 20 November 2020 Judgment sent to parties: 6 January 2021 FOR THE TRIBUNAL OFFICE Case Number: 1405921/2019 1 EMPLOYMENT TRIBUNALS Claimant Respondent Mr Julian Scott v Rigit Marine UK Ltd (in Voluntary liquidation) Heard at: Southampton (CVP) On: 18 January 2021 Before: Employment Judge Rayner Appearances For the Claimant: in person For the Respondent: did not attend Judgment[1]This hearing took place over video link with the judge and parties attending remotely in person. It was heard in this way because of the continuing covid 19 pandemic and the parties consented to the remote hearing.[2]The Respondent has made an unlawful deduction from the Claimants wages of 1 weeks’ pay for the period of 24 -28 June 2019, for 42 hours work @ £15.00 per hour, being £630.00 net ;[3]The Respondent has made an unlawful deduction from the Claimant’s wages of contractual travel allowance of £120.50 net;[4]The Respondent has made an unlawful deduction from the Claimant’s wages in respect of pay for 24 days accrued but unpaid holiday of £2800.00;[5]The Respondent has wrongfully dismissed the Claimant without notice. The Respondent will pay the Claimant notice pay of 1 weeks average pay of £600.00 calculated as 40 hours per week @ £15.00 per hour.[6]The Respondent failed to provide the Claimant with a written statement of terms and conditions of employment contrary to section 38 Employment Act 2002 and the claimant is awarded the maximum of 4 weeks’ pay, calculated as 4 x average pay of £600.00 per week.[7]The Respondent will therefore pay to the Claimant the total sum of £6550.50 being a sum of the above amounts: Case Number: 1405921/2019 2 unpaid wages £630.00 Unpaid travel expenses £120.50 Outstanding Holiday pay for 24 days £2800.00 1 weeks notice pay £600.00 Compensation of 4 weeks pay under section 38 EA 2002 £2400.00 Total payable by the Respondent to the claimant £6550.50[8]The Respondents counterclaim is dismissed in its entirety.