Mr JM Abreu Coelho v Avanta Care Ltd: 1802389/2019
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 Roper Dated: 21 June 2019 Judgment sent to parties: 27 June 2019 FOR THE TRIBUNAL OFFICE Case No. 1802389/2019 1 EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent Mr J M Abreu Coelho AND Avanta Care Limited[1]The claimant’s claim for unlawful deduction from wages succeeds; and[2]The appropriate remedy will be determined at the hearing already listed on 9 August 2019. Employment Judge N J Roper Dated 9 July 2019 Judgment sent to parties on 16 July 2019 FOR THE TRIBUNAL OFFICE Case no 1802389/2019 1 EMPLOYMENT TRIBUNALS Claimant Mr JM Abreu Coelho Respondent Avanta Care Limited Heard at: Exeter On: 9 August 2019 Before: Employment Judge Goraj Representation Claimant: in person The Respondent: Ms Pearson, Counsel[1]The default Judgment dated 9 July 2019 is hereby revoked and time is extended for the submission of the respondent’s response which is hereby accepted.[2]The proceedings were adjourned upon the application of the Claimant to join Beechcroft Care Homes Limited (“Beechcroft”) (registered office Holmfield, Grafton Road, Torquay, TQ1 1 QJ) in the proceedings.[3]The Tribunal will, unless Beechcroft can show good cause in writing within 21 days of the date upon which this Judgment is sent to the parties why such application should not be granted, join Beechcroft in the proceedings on the grounds that on the basis of the information presently available to the Tribunal if appears that Beechcroft may have liability for the Claimant’s wages whilst on suspension pursuant to Regulations 5 and 7 of the Agency Workers Regulations 2010. Case no 1802389/2019 2[4]The matter has been relisted for Hearing on 6 December 2019 (one day) to determine the Claimant’s claim for alleged outstanding wages and (unless otherwise directed) any associated issues. ________________________ Employment Judge Goraj Date: 14 August 2019 As reasons for the Judgment were announced orally at the Hearing written reasons shall not be provided unless they are requested by a party within 14 days of the sending of this Judgment to the parties. Online publication of judgments and reasons The Employment Tribunal (ET) is required to maintain a register of all judgments and written reasons. The register must be accessible to the public. It has recently been moved online. All judgments and reasons since February 2017 are now available at: https://www.gov.uk/employment-tribunal-decisions The ET has no power to refuse to place a judgment or reasons on the online register, or to remove a judgment or reasons from the register once they have been placed there. If you consider that these documents should be anonymised in anyway prior to publication, you will need to apply to the ET for an order to that effect under Rule 50 of the ET’s Rules of Procedure. Such an application would need to be copied to all other parties for comment and it would be carefully scrutinised by a judge (where appropriate, with panel members) before deciding whether (and to what extent) anonymity should be granted to a party or a witness