Miss M Cardemil Barros v York Jewellers Ltd: 1805896/2020
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 for this reason.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. Regional Employment Judge Robertson Date: 3 December 2020 Case No: 1805896/2020 EMPLOYMENT TRIBUNALS Claimant: Miss M Cardemil Barros Respondent: York Jewellers Ltd Heard at: Leeds by CVP On: 10 February 2021 Before: Employment Judge Tegerdine Representation Claimant: In person Respondent: Toby Hanlon (director)[1]The claimant’s claims for unauthorised deduction from wages and breach of contract are well founded.[2]The respondent shall pay to the claimant the gross sum of £5,880.00 being the amount of the unauthorised deduction from wages properly payable to the claimant in respect of furlough pay for the period between 30 March and 22 September 2020.[3]The respondent shall pay to the claimant the gross sum of £1,260.00 being the amount of the unauthorised deduction from wages properly payable to the claimant in respect of 18 days’ accrued but untaken holiday pay owed to the claimant for the period between 12 September 2019 and 22 September 2020.[4]The respondent shall be to the claimant the gross sum of £210.00 being an amount equivalent to one week’s pay as damages for breach of contract, as the claimant was dismissed without notice on 22 September 2020, in circumstances where she was entitled to one week’s notice to bring her contract of employment to an end.[5]The total gross sum owed to the claimant is £7,350.00. The respondent shall pay the sum due to the claimant on or before 24 February 2021. Case No: 1805896/2020