Mr A Mohammed v Cheadle Halal Butchers Ltd: 2402848/2021
JUDGMENT
The complaint that the claimant was unfairly dismissed is struck out.REASONS
[1]The claimant complains of unfair dismissal and that he was entitled to be paid a statutory redundancy payment.[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 a complaint of unfair dismissal.[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. Case No: 2402848/2021[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. EMPLOYMENT TRIBUNALS Claimant: Mr A Mohammed Respondent: Cheadle Halal Butchers Limited Heard at: Liverpool (CVP) On: 12 August 2021 Before: Employment Judge Shotter (Sitting alone) Appearances For the claimant: Not in attendance For the respondent: Mr U Anwar, managing director JUDGEMENT The judgement of the Tribunal is that:[1]The claimant suffered an unlawful deduction of wages in respect of work carried out on the 1 and 2 March 2021 and his claim for unlawful deduction of wages brought under section 13 of the Employment Rights Act 1996 succeeds. The respondent is ordered to pay the net sum of £125.33 (£62.67 per hour x 2 days).[2]The remaining claim for an unlawful deduction of wages (a week in hand) fails and is dismissed.[3]The claimant was dismissed for gross misconduct and his claim of wrongful dismissal (notice pay) is not well-founded and is dismissed.[4]The claimant’s claim for unpaid accrued holidays is well founded and the respondent is ordered to pay to the claimant accrued unpaid holiday in the sum of £269.48 net (4.3 days@ £62.67 net per day.) 1 of 3