Mr D Winfindale v P Hammond T/a Hammond Camper Beds and Upholstery: 2402754/2021

EMPLOYMENT TRIBUNALS

Case No 2402754/2021

Between

Mr D WinfindaleClaimant

P Hammond T/a Hammond Camper Beds and UpholsteryRespondent

Before

Employment Judge Ross

In person for claimant

Not represented for respondent

Date 23 September 2021

JUDGMENT

[1]The Tribunal does not have jurisdiction to hear the claimant’s claim that he was unfairly dismissed under the Employment Rights Act 1996 because he has not been employed by the respondent for two years and accordingly that claim is struck out.

[2]The claimant's claim for unlawful deduction from wages under section 13 Employment Rights Act 1996 is well-founded and succeeds. I order the respondent to pay the claimant seven weeks’ wages for the period 1 February 2021 to 22 March 2021 when I find his employment was terminated, being 7 x £328.56 = £2,299.92.

[3]The claimant's claim for a failure to pay notice is well-founded and succeeds and I order the respondent to pay the claimant one week’s notice pay in the sum of £328.56.

[4]The respondent failed to provide the claimant with written particulars of employment, and I order the respondent to pay the claimant two weeks’ pay being £328.56 x 2 = £657.12.

[5]The total sum payable by the respondent to the claimant within 14 days of the date of this Judgment is £3,285.60.