Mrs L Tallon v Guidance Care Ltd: 2400616/2020
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. Employment Judge Holmes Date: 24 February 2020[1]The Respondents’ application to have the claim rejected under rule 12 of the Employment Tribunals Rules of Procedure 2013 is dismissed.[2]The Respondent’s application to have the claim struck out under rule 37 of the Employment Tribunals Rules of Procedure 2013 is dismissed.[3]The Claimant’s complaint that there was an unauthorised deduction from her wages is well-founded. This means the Respondent unlawfully deducted the gross sum of £1,539.96 [net sum of £1,047.17. This sum consists of net wages due to the Claimant from 1.10.19 to 18.10.19 in the sum of £1,697.17 less an advance of wages of £500.00 and a previously agreed deduction of £150.00. The Respondent is accordingly ordered to pay the Claimant this sum, grossed up to £1,539.96 to take account of the Claimant’s liability to pay tax at 20% and national insurance at 12%.