Mr M Allen v Computer Solutions Pembs Ltd: 1602128/2023
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 Leith Date: 29 November 2023[1]The name of the Respondent is amended to “Computer Solutions Pembs Limited” and service of the amended proceedings is dispensed with.[2]The Claimant’s claim for unpaid wages over the period from the start of the Claimant’s employment with the Respondent on the 4th February 2023 to the date of his dismissal without notice on the 11th July 2023 is well founded and the Respondent is ordered to pay to the Claimant unpaid wages in the sum of £11,058.54 (gross). The Respondent shall be liable to HMRC for any payments of tax and national insurance thereon.[3]The Claimant’s claim for contractual notice pay is well founded and the Respondent is ordered to pay to the Claimant one month’s notice pay in the sum of £2,250.00 (gross). The Respondent shall be liable to HMRC for any payments of tax and national insurance thereon.[4]The Claimant’s claim for pension loss is well founded and the Respondent is ordered to pay to the Claimant the sum of £346.76 by way of unpaid pension contributions.[5]The Claimant’s claim for unpaid holiday pay is well founded. At the time of his dismissal on the 11t July 2023, the Claimant was owed 3.17 days of holiday pay by the Respondent. The Respondent is ordered to pay to the Claimant 3.17 days holiday pay in the sum of £297.19 (gross). The Respondent Case No. 1602128/2023 Page 3 of 3 shall be liable to HMRC for any payments of tax and national insurance thereon.[6]The total sum to be paid by the Respondent to the Claimant under this judgment (inclusive of unpaid wages, notice pay, pension loss and holiday pay) is £13,952.49.