D Jaderko v C Hillier: 2302812/2023
JUDGMENT
[1]The Tribunal does not have jurisdiction to consider the complaint of unfair dismissal because the claimant was not continuously employed for a period of two years ending on the effective date of termination. The complaint of unfair dismissal is struck out.[2]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the weeks 30 January 2023 to 5 February 2023 and 27 March 2023 to 31 March 2023. Case No: 2302812/2023[3]The respondent shall pay the claimant £734.00, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance on this sum.[4]The respondent failed to pay the claimant notice pay for the period 27 March 2023 to 31 March 2023. The sum payable as notice pay is included the sum awarded under paragraph 3 for deduction of wages. There is no separate sum awarded for non-payment of notice pay.[5]At the time the proceedings were begun, the Respondent was in breach of her obligation to provide a written statement of particulars compliant with section 1 of the Employment Rights Act 1996. The Tribunal awards the claimant the minimum sum of 2 weeks pay required by section 38(2) of the Employment Act 2002.[6]The respondent shall pay the claimant the sum of £734 gross under section 38(2) of the Employment Act 2002. The claimant is responsible for the payment of any tax or National Insurance on this sum.[7]The respondent shall pay the claimant the total sum of £1468.