Mr C Dixon v FY1 Catering Ltd t/a Toast: 2400993/2017
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 complaint of unauthorised deduction from wages is well-founded and succeeds. The respondent unlawfully deducted £538.46 from the wages due to the claimant for the period of 7 August to 20 August 2016. The respondent is ordered to pay the claimant the said sum of £538.46.This is a gross sum, from which the appropriate deductions for tax and national insurance should be made.[2]The claimant’s complaint of failure to pay to the claimant an amount due to the claimant under regulation 14 (2) or regulation 16 (1) of the Working Time Regulations 1998 is well-founded and the respondent shall pay to the claimant the sum of £630.76 in respect of 9 days untaken but accrued holiday (holiday pay), calculated at 8 days at £69.23 plus one day at £76.92. This is a gross sum, from which the appropriate deductions for tax and national insurance should be made.[3]The claimant’s complaint of breach of contract is well-founded and succeeds. The respondent is ordered to pay the claimant his notice pay, one week’s pay, at the rate of £384.62 per week, gross, in the net sum of £312.56, as damages for breach of contract. As this is a net sum, no further deductions should be made from it.[4]The respondent is ordered to pay the said sums to the claimant, together with the contribution to the tribunal fee of £30.00 paid by the claimant.