Miss A Davis v Angels Hotel Ltd: 1602196/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the Wales Employment Tribunals on 19 September 2023. The Respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The Claimant was dismissed in breach of contract in respect of notice and the Respondent must pay damages to the Claimant of £379.15.[3]The Respondent has failed to pay the Claimant’s holiday entitlement and must pay the Claimant £530.80.[4]The Respondent has failed to pay the Claimant’s Statutory Sick Pay entitlement of 2 weeks and must pay the Claimant £218.80.[5]The Respondent must pay the Claimant £1128.75 in total. The Claimant is responsible for any income tax and employee national insurance due.REASONS
[1]The Claimant complains of unfair dismissal.[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.