Miss C Moran v Sue J Ltd: 2404101/2018
JUDGMENT
[1]The complaint that the claimant was unfairly dismissed is struck out.[2]The complaints about failure to pay wages and holiday pay are dismissed pursuant to regulation 47 of the Employment Tribunals Rules of Procedure 2013 due to the claimant’s failure to attend the hearing.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. Case No: 2404101/2018[5]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so by a letter dated 22 February 2018, why the complaint should not be struck out.[6]Accordingly, the complaint of unfair dismissal is struck out.[7]The claimant failed to attend the hearing. She had not replied to a letter from the tribunal dated 5 June 2018 which had requested details of how much she was claiming and how she had calculated those figures. The judge decided the information provided in the claim form was insufficient to make a judgment in relation to these complaints so dismissed them due to the claimant’s failure to attend the hearing.[1]The claimant’s complaint of unauthorised deduction from wages is well-founded and succeeds. The respondent unlawfully deducted payments due to the claimant from August 2018 to 3 November 2018, in the total sum of £2,038.14 gross. The respondent is ordered to pay the claimant the said sum of £2,038.14 . This is a gross sum, and the respondent shall account to HMRC for the appropriate deductions for tax and national insurance, if any.[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 £348.50 in respect of untaken but accrued holiday (holiday pay). This is a gross amount and the respondent shall be responsible for deducting any income tax and employee’s national insurance, if any, relating to it.