Mr J Rose v The Box Tree Pub and Bars Ltd: 2303746/2022
JUDGMENT
[1]The Respondent failed to pay outstanding holiday due on termination of employment.[2]The Respondent shall pay to the Claimant £120 representing 21 days unpaid holiday (Statutory holiday entitlement is 28 days per year. Pro-rata for time the Claimant was employed is 21 days. One day’s pay is calculated on £10 per hour with an average eight-hour day).[3]The Respondent breached the Claimant’s contract buy not giving or paying him his statutory notice period of one week.[4]The Respondent shall pay the Claimant £400 (The Claimant worked five days per week averaging 8 hours per day at £10 per hour).REASONS
[1]The claimant complains of unfair dismissal.[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.