Miss Z Bishop v KWC Southwest Ltd: 1406121/2023

EMPLOYMENT TRIBUNALS
Case No 1406121/2023Venue CHAMBERS AT PlymouthHearing 12 September 2024 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 is well founded and the respondent is ordered to pay the claimant four weeks’ notice pay in the net sum of £1,778.36; and 2. The claimant’s claim for unlawful deduction from wages is well founded and the respondent is ordered to pay the claimant the gross sum of £847.32; and 3. The claimant’s claim for accrued but unpaid holiday pay is well founded and the respondent is ordered to pay the claimant the gross sum of £3,960.00. ________________________
Miss Z BishopClaimantKWC Southwest LTDRespondent
Employment Judge GrayDate 12 September 2024

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 Gray Date: 7 February 2024 Judgment sent to the Parties on 16 February 2024 For the Tribunal Office Case No. 1406121/2023 EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent Miss Zoe Bishop AND KWC (South West) Limited[1]The claimant’s claim for breach of contract is well founded and the respondent is ordered to pay the claimant four weeks’ notice pay in the net sum of £1,778.36; and[2]The claimant’s claim for unlawful deduction from wages is well founded and the respondent is ordered to pay the claimant the gross sum of £847.32; and[3]The claimant’s claim for accrued but unpaid holiday pay is well founded and the respondent is ordered to pay the claimant the gross sum of £3,960.00.