Mr A Ellerton v Payello Ltd: 2216434/2023
JUDGMENT
[1]The complaint of unfair dismissal is struck out.[2]As the respondent has failed to present a response the remaining claim for unlawful deductions from wages may be capable of being determined by a Judge under rule 22 without the need for a hearing. The claimant must provide a Schedule of Loss by 16 April 2025 setting out the gross sums claimed in respect of wages not paid, with an indication how such sums are calculated and any documentary evidence on which the claimant relies to show his entitlement to the same.REASONS
[1]By a letter dated 10 June 2024 the Tribunal gave the claimant an opportunity to make representations as to why the complaint of unfair dismissal should not be struck out because the claimant was not employed for two years or more as required by section 108 Employment Rights Act 1996 in order to bring a claim for ordinary unfair dismissal.[2]The claimant has failed to make representations in writing why this should not be done or to request a hearing. The complaint of unfair dismissal is therefore struck out. Employment Judge Keogh 4 April 2025[1]The Respondent has failed to file an ET3 within the deadline and has not requested an extension of time to file the same.[2]Having considered the ET1 and attachment provided by the Claimant, Employment Judge Baty has decided that a determination of the claim can properly be made without a hearing and the Judgment of the Tribunal, made under rule 22 of the Employment Tribunals Procedure Rules 2024, is as set out below.[3]The Respondent has unlawfully failed to pay wages for October-November 2023 in the sum of £2,103.32 gross.[4]The Respondent failed to pay holiday pay (accrued but not taken) in the sum of £252.02 gross.[5]Accordingly, the Respondent is ordered to pay the Claimant £2355.34 and to account to HMRC for any tax and NI due on this sum. ___________________ Case No: 2216434/2023