Mr T Karemba v 24 British Maintenance Ltd: 1810850/2018
JUDGMENT
[1]The complaint of unfair dismissal (and, insofar as there was such a complaint, the complaint of race discrimination) are in each case struck out.[2]This is without prejudice to the complaint of unauthorised deductions of wages proceeding.REASONS
[1]The Tribunal does not have jurisdiction to consider a complaint of unfair dismissal because the claimant does not have sufficient qualifying employment (two years) as required by the Employment Rights Act 1996 section 108.[2]At a Preliminary Hearing for case management conducted on 20 December 2018 the claimant explained to the Judge that he had not intended to bring a complaint of race discrimination and he was content that, insofar as the Tribunal had thought that he intended to bring such a complaint, that that complaint should now be regarded as not proceeding and therefore struck out. Employment Judge Little Date 31st December 2018[1]At all material times (27 July 2018 to 10 September 2018) the claimant was an employee of the respondent.[2]In any event he was also a worker for the respondent during the material period.[3]The complaint of unauthorised deduction from wages succeeds because the respondent made no payment to the claimant for his six weeks’ period of employment and any deductions it proposed to make (other than for course fees) would have been unauthorised and so unlawful.[4]I find that the claimant’s gross weekly pay would have been £557.69 and so for the six week period the amount of £3,346.14 gross. Case No. 1810850/2018 2[5]The claimant concedes that he is obliged to repay a course of exam fee of £370 and accordingly I award to the claimant the gross sum of £2,976.14. The claimant is obliged to account to HMRC in respect of that gross receipt.