Mrs G Chandler v The Greyhound Pub Tong Ltd: 1804830/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The claim was issued in the Leeds Employment Tribunals on 30 August 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 part of the claim in accordance with rule 21 of the Rules of Procedure.[1]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 wages, the gross sum of £1,015.86 ii. In relation to unpaid accrued holiday pay, the gross sum of £1,171.90 iii. In relation to statutory sick pay the sum of £328.20[2]The Tribunal has no jurisdiction to award compensation for Nest pension deductions as part of a claim for unauthorised deduction from wages, as these are not included in the statutory definition of “wages”. This claim does not succeed.[3]The hearing listed 20 December 2023 is cancelled.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.