Ms H Schärf v D of Y (GH) Ltd: 1805098/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay to the claimant the gross sum of £637.95.[2]The respondent is ordered to pay to the claimant the sum of £1,232 (4 weeks’ pay) pursuant to Section 38 of the Employment Act 2002 (failure to provide a statement of particulars of employment).[3]The claimant’s complaint of unfair dismissal is dismissed. As she had not been continuously employed by the respondent for at least 2 years, the Tribunal has no jurisdiction to hear it.[4]The claimant’s complaint seeking damages for breach of contract (notice pay) is dismissed. The claimant has, by immediately obtaining alternative employment, fully mitigated her losses.[5]The hearing listed on 21 January 2020 is cancelled.