Miss N Parker v Gainz Kitchen Ltd: 2404988/2017
JUDGMENT
[1]The complaint that the claimant was unfairly dismissed is struck out.[2]The complaint that the respondent failed to pay the claimant notice pay is wellfounded and the respondent is ordered to pay the claimant damages for breach of contract in the sum of £120 net.REASONS
HEARING
[1]The claimant complains of unfair dismissal and breach of contract/failure to pay notice pay or pay in lieu of notice.[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.[7]The respondent failed to present a response to the claimant’s other claim. Pursuant to Rule 21 of the Employment Tribunals Rules of Procedure 2013, the respondent is to pay her damages for breach of contract in the sum of £120 net. Regional Employment Judge Parkin Date: 17 October 2017[1]The pay statements provided by the respondent to the claimant were incomplete and only payslips dated 5 May, 12 May, 19 May, 26 May and 2 June 2017 were provided.[2]The missing payslips should have set out the following information: 9 June 2017 £120 gross and net, earnings to date £1,311.27; 16 June 2017 £120 gross, £120 net, earnings to date £1,431.25; 23 June 2017 £120 gross, £120 net, earnings to date £1,551.25; 30 June 2017 £120 gross, £120 net, earnings to date £1,671.25; 7 July 2017 £120 gross, £120 net, earnings to date £1,791.25; and Case No. 2404988/2017 2 17 July 2017 Holiday pay £120 gross, £120 net, earnings to date £1,911.25.[3]It is further declared that the claimant has not yet received the payment due on 7 July 2017 in the sum of £120 gross and net (which was the subject of the Rule 21 Judgment sent to the parties by the Tribunal on 19 October 2017) as yet.