Mrs S M Hosseini v B You T Salon and Mrs Mohammadi T/a B You T Salon: 1801129/2022 and 1801165/2022
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 D N Jones Date: 25 April 2022 Case Number: 1801129/2022 1801165/2022 EMPLOYMENT TRIBUNALS Claimant Respondent Mrs SM Hosseini v BYOUT Salon Ltd(1) Mrs Mohammadi t/a B.you.T Salon(2) Heard: In Leeds On: 11 July 2022 Before: Employment Judge JM Wade Representation: Claimant: In person Respondents: In person/Mrs Mohammadi[1]The claims against the first respondent company are dismissed: the claimant was not employed by BYOUT Salon Ltd and received no wages from it (despite payslips and information to HMRC recording that she had).[2]The claimant’s claim for notice pay succeeds: her employment ended by dismissal without notice on 9 February 2022 and the respondent shall pay to her gross damages in the sum of £331.25.[3]The claimant’s complaint of a failure to pay wages in February 2022 succeeds and the respondent shall pay to her the gross sum of £547.72.[4]The Tribunal uplifts the awards above by £662.50, two weeks’ gross pay because the respondent had not provided to the claimant a written statement of Employment Particulars. The total sum payable is £1541.47.[6]The claimant’s complaint of a failure to provide pay statements is well founded. I make no further declarations: pay statements were provided to the claimant late, in March 2022, for pay on or around 5 January 2022 and on or around 5 February 2022; the amount unlawfully deducted for February’s pay is declared above, and no pay statement was provided for February because the respondent had unlawfully refused to pay February’s pay. Employment Judge JM Wade 11 July 2022 Note: the reasons for the Judgment above were provided at the time. Any request for written reasons to be typed shall be made in writing, copied to all parties, and submitted within 14 days of the sending of Case Number: 1801129/2022 1801165/2022 this Judgment. Written reasons are published on the Tribunal’s website shortly after they are made available to the parties.