Mrs E Jones v Samuel Smith Old Brewery (Tadcaster): 2403235/2020
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 Feeney Date: 28 July 2020[1]The claimant’s breach of contract claim in relation to notice pay fails.[2]The claimant’s unauthorised deduction from wages claim in relation to arrears of pay and holiday pay fails.[3]The claimant was in breach of contract(a) by exceeding her staff hours allocation by 339 hours during the course of her employment, equating to the sum of £2,783.19; and(b) as a result of shortfall in stock to the value of £818.64. The respondent was entitled to make a deduction from the claimant's final salary wage of £943.29 and was contractually entitled to withhold the amount of £1,033.43 owing to the claimant on termination. The claimant is ordered to pay to the respondent the net sum of £1,625.11 being damages for breach of contract.