Miss H McLorg v Rachel Haw: 1801481/2020
JUDGMENT
[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the net sum of £400.00[2]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £275.00.[3]The complaint that the claimant was unfairly dismissed is struck out.REASONS
[1]Notice of the claim was sent to the respondent on 11 March 2019. No response has been presented by the respondent.[3]The claims of unauthorised deduction from wages and outstanding holiday pay succeed.[4]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.[5]The claimant was employed by the respondent for less than two years.[6]Therefore the claimant is not entitled to bring such a complaint.[7]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint of unfair dismissal should not be struck out.[8]Accordingly, the complaint of unfair dismissal is struck out.