Mr P Turner v Carl Marquis T/a Red Rose Scaffolding : 2402027/2017
JUDGMENT
The complaints of unfair dismissal and for a redundancy payment are struck out.REASONS
[1]By letters dated 28 April 2017 and 9 May 2017 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint of unfair dismissal and for a redundancy payment should not be struck out because The claimant lacks the qualifying two years’ service to present such claims.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The complaints of unfair dismissal and for a redundancy payment are therefore struck out.[3]The claimant’s remaining claims remain listed for hearing on 5 September 2017. Dated: 23 June 2017[1]The claimant’s complaint of breach of contract is well-founded and succeeds. The respondent is ordered to pay the claimant the balance of his notice pay, two weeks pay, in the sum of £5.00, as damages for breach of contract for expenses for a saw blade incurred by him.[2]The claimant’s complaint of unauthorised deduction from wages is well-founded and succeeds. The respondent unlawfully deducted: Overtime 21 March 2017 £80.00 Week ending 24 March 2017 £50.00 Week in hand £450.00 Total: £580.00 The respondent is ordered to pay the claimant the said sum of £580.00, which is a net sum, and to account to HMRC for the appropriate deductions for tax and national insurance due upon the gross.[3]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 £810.00 (9 days at the daily rate of £90.00 net) in respect of 9 days untaken but accrued holiday (holiday pay). This is a net amount and the respondent shall be responsible for accounting to HMRC for any income tax and employee’s national insurance, if any, relating to the gross sum. 5.9[4]The hearing listed for 5 September 2017 is cancelled. P C Holmes