Mr M Frankel v Taylor & Aitchison Ltd: 2400143/2019

EMPLOYMENT TRIBUNALS

Case No 2400143/2019

Between

Mr M FrankelClaimant

Taylor & Aitchison LtdRespondent

Before

Employment Judge T Vincent Ryan

In person for claimant

Date 29 July 2019

JUDGMENT

[1]The claimant's claim that he was unfairly dismissed by the respondent is dismissed as he is not eligible for protection against unfair dismissal on the basis of length of employment and the Tribunal does not have jurisdiction to consider this claim.

[2]The hearing of the claimant's other claims is postponed to 16 July 2019 in respect of which Case Management Orders have been made.

[1]The claimant’s claim of breach of contract, in that he was wrongfully dismissed without notice, is well founded and succeeds. The respondent is ordered to pay to the claimant the sum of £327 representing one week’s gross pay.

[2]The claimant’s claim that he is owed two weeks’ pay for the two weeks he was employed prior to the termination of his employment is well founded and succeeds. The respondent is ordered to pay to the claimant the sum of £654 representing two weeks’ gross pay.

[3]The claimant’s claim that he is owed outstanding holiday pay is well founded and succeeds. The respondent is ordered to pay to the claimant the sum of £784.80, representing 12 days’ gross pay.

[4]The claimant’s claim that he was owed outstanding commission at the date of termination of his employment is well founded and succeeds. The respondent is ordered to pay to the claimant the sum of £278.

[5]The claimant’s claim of breach of contract, in that he was owed unpaid fuel expenses at the date of termination of his employment is well founded and succeeds. The respondent is ordered to pay to the claimant the sum of £158.

[6]The respondent is found to have failed to provide to the claimant a statement of main terms of employment as required by part 1 of the Employment Rights Act 1996. Having succeeded in the claims above the claimant is awarded four weeks’ pay under Section 38 of the Employment Act of 2002, as a consequence of this failure. Accordingly, the respondent is ordered to pay to the claimant the sum of £1308. In relation to items 1,2, 3 and 4 above the claimant is reminded that the sums awarded to him therein may be taxable, and should be declared to HMRC as appropriate.