Mr S Hypher v Together Stronger Wales Ltd: 1601360/2022
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 C Sharp Date 20 February 2023[1]The Respondent made an unauthorised deduction from the Claimant’s wages. in the sum of £725.88.[2]The Claimant is entitled to payment of £227.77 for annual leave accrued but untaken.[3]The Claimant was constructively dismissed in breach of contract. His claim of wrongful dismissal is well- founded and succeeds.[4]The Claimant is awarded one week’s pay for wrongful dismissal. The gross award is £523.40. The Claimant must account to HMRC for tax, national insurance and any other payments due on this sum.[5]The Claimant’s claim of direct discrimination in that he was treated less favourably because of his disability is not well-founded and is dismissed[6]The Claimant was treated unfavourably for a reason arising in consequence of his disability. His claim of discrimination arising from disability is well founded and succeeds.[7]The Claimant is awarded the sum of £3650.72 gross as compensation for his financial loss arising from his complaint of discrimination arising from disability. The Claimant must account to HMRC for tax, national insurance and any other Case No: 1601360/2022 payments due on this sum.[8]The Claimant is entitled to compensation for injury to feelings and is awarded the sum of £3500.[9]The Claimant is entitled to interest upon the award for injury to feelings. The period of the award of interest is 26 August 2022 to 12 September 2023, at 8% per year, a total of £293.04.[10]The Respondent was in breach of its duty to give the claimant a written statement of employment particulars. It is just and equitable to award the claimant 4 weeks’ pay in relation to this breach in the sum of £2093.60.[11]The total sum payable by the Respondent to the Claimant is £11,014.41.[12]The Recoupment Regulations do not apply.