Miss H Brinklow v Pale Green Dot Ltd: 2300204/2022
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.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. Case No. 2300204/2022 EMPLOYMENT TRIBUNALS Claimant: Miss H Brinklow Respondent: Pale Green Dot Limited HELD AT: London South (by CVP) ON: 7 October 2022 BEFORE: Employment Judge Hart REPRESENTATION: Claimant: In person Respondent: Did not attend ORAL JUDGMENT The Judgment of the Tribunal is that:[1]The respondent made an unauthorised deduction of wages by failing to pay the claimant her wages for April, July and August 2022, and the respondent is ordered to pay the claimant the sum of £5811 net.[2]The respondent failed to pay the claimant 2 weeks’ contractual notice pay on termination of her contract, and the respondent ordered to pay the claimant the sum of £894 net. Case No. 2300204/2022[3]The claimant is entitled to be paid in lieu of 14 days’ holiday outstanding at the date of termination, and the respondent is ordered to pay the claimant the sum of £1251.60 net.[4]The claimant is entitled to be paid in lieu of 20 days’ holiday carried over from the holiday year 1 January to 31 December 2020, it being not reasonably practicable for her to have taken this holiday due to the effects of coronavirus, and the respondent is ordered to pay the claimant the sum of £1788 (net).[5]The claim for expenses is dismissed upon withdrawal.