Mr S Daubney v One Pool and Spa: 1803273/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the Leeds Employment Tribunals on 13 October 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 Tribunal declares the respondent made unauthorised deductions from the claimant’s wages and is ordered to pay the claimant: i. In relation to unpaid accrued holiday, the gross sum of £684 ii. In relation to unpaid overtime, the gross sum of £576[3]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £4,166.[4]The hearing listed on 2 February 2023 is cancelled. Employment Judge Maidment Date: 16 November 2023 Case Number: 1803273/2023 EMPLOYMENT TRIBUNALS Claimant: Mr S Daubney Respondent: One Pool and SpaREASONS
[1]The claimant complains of unfair dismissal.[2]Under s 108 Employment Rights Act 1996, employees must have been employed by their employer for at least two years in order to bring an unfair dismissal complaint, unless certain specific circumstances apply.[3]The claimant was employed by the respondent for less than two years. He has not relied on any of the specific circumstances in which the two-year requirement does not apply.[4]The Tribunal wrote to the claimant on 22 November 2023 giving him a chance to explain why his unfair dismissal complaint should not be struck out. He has not replied.[5]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints have already been dealt with in a Judgment under rule 21 of the Employment Tribunal Rules.