Miss D Whiley v Colin Ltd: 2302688/2017
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.[1]The Claimant’s application for a postponement made by e-mail timed at 12:19 on 15 February 2018 is refused. The Claimant has shown no good reason why she could not have attended the hearing.[2]Upon being satisfied that the Claimant knew of the hearing date and time and that she knew that no postponement had been granted it was in the interests of justice to proceed with the hearing pursuant to rule 47 of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.[3]Having had regard to the evidence of Mr Awoselo and upon an examination of the ET1, ET3, signed contract of employment, pay slips, correspondence and time sheets:a. The Claimant’s claim for notice pay brought pursuant to the Employment Tribunals (Extension of Jurisdiction) Order 1994 is dismissed. The Claimant was paid for 1 weeks notice in accordance with the terms of her contract of employment.b. The Claimant’s claim for payment for holidays accrued but untaken at the date of her dismissal brought pursuant to Regulation 30 of the 10.2 Judgment - rule 61 March Case No: 2302688/2017 Working Time Regulations 1998 or Part II of the Employment Rights Act 1996 is not well founded. The Claimant was paid in respect of all remaining accrued holiday in the payment made in July 2017.c. The Claimant’s claim for unpaid sick pay brought either under the Employment Tribunals (Extension of Jurisdiction) Order 1994 or Part II of the Employment Rights Act 1996 is not well founded. The Claimant was paid all sums properly due to her under her contract of employment.d. The Claimant’s claim for damages arising from any failure to pay pension contributions brought under Employment Tribunals (Extension of Jurisdiction) Order 1994 is dismissed. All pension contributions from the Respondent due were paid (although omitted from payslips).