Mrs D Durdea v TW Consult and Construction Ltd: 2301824/2017
JUDGMENT
The claim of Unfair Dismissal 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 these proceedings.[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 claim of unfair dismissal is struck out. The Claimants remaining claims will proceed to hearing listed on 16 November 2017. NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number(s): 2301824/2017 Name of case(s): Mrs D Durdea v TW Consult Ltd The Employment Tribunals (Interest) Order 1990 provides that sums of money payable as a result of a judgment of an Employment Tribunal (excluding sums representing costs or expenses), shall carry interest where the full amount is not paid within 14 days after the day that the document containing the tribunal’s written judgment is recorded as having been sent to parties. That day is known as “the relevant decision day”. The date from which interest starts to accrue is called “the calculation day” and is the day immediately following the relevant decision day. The rate of interest payable is that specified in section 17 of the Judgments Act 1838 on the relevant decision day. This is known as "the stipulated rate of interest" and the rate applicable in your case is set out below. The following information in respect of this case is provided by the Secretary of the Tribunals in accordance with the requirements of Article 12 of the Order:- "the relevant decision day" is: 23 JANUARY 2018 "the calculation day" is: 24 JANUARY 2018 "the stipulated rate of interest" is: 8% MISS W LUCOMBE For the Employment Tribunal Office August 2018 INTEREST ON TRIBUNAL AWARDS GUIDANCE NOTE[1]This guidance note should be read in conjunction with the booklet, ‘The Judgment’ which can be found on our website at www.gov.uk/government/collections/employment-tribunal-forms If you do not have access to the internet, paper copies can be obtained by telephoning the tribunal office dealing with the claim.[2]The Employment Tribunals (Interest) Order 1990 provides for interest to be paid on employment tribunal awards (excluding sums representing costs or expenses) if they remain wholly or partly unpaid more than 14 days after the date on which the Tribunal’s judgment is recorded as having been[1]The correct name of the Respondent is TW Consult & Construction Ltd.[2]The Claimant’s complaints of unauthorised deductions from wages in respect of unpaid wages and accrued annual leave and damages for breach of contract in respect of the failure to provide her with notice of dismiss are well founded.[3]The Respondent shall pay the Claimant the total sum of £4,120 as set out in the schedule herein. Case Number: 2301824/2017 Schedule[1]The shortfall of her lawful wages for March 2017 in the sum of £950 net (£1950 due for payment less £1000 received);[2]Her lawful wages for April 2017 in the sum of £1950 net;[3]Her lawful accrued entitlement to annual leave of two weeks in the sum of £900 net[4]Damages for breach of contract for the Respondent’s failure to provide her with 4 weeks’ notice of dismissal as per her contract of employment, less income she received from further employment during that period = £320 net (£1800 minus £1480); Total payable £4,120 net.