Miss M Parkinson v Home Attire Ltd: 2405503/2018
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 Sherratt 8 May 2018 Home Attire Ltd[2]Robate Ltd (formerly known as Added Lifestyle Ltd) Heard at: Manchester On: 1 April 2019 Before: Employment Judge Ross REPRESENTATION: Claimant: Respondents: In person Not in attendance[1]The claimant's claim for unpaid wages against the first respondent is well-founded and succeeds. I order the first respondent to pay the claimant £2,671.88 within 14 days of the date of this Judgment.[2]The claimant’s claim for unpaid wages against the second respondent is well-founded and succeeds. I find the claimant was an employee of the second respondent. The sum owed to the claimant is £3,440 to be paid within 14 days of the date of this Judgment.[3]The claimant’s claim for accrued but untaken holidays against the first respondent is well-founded and succeeds and I order the first respondent to pay the claimant 27 days holiday, a total of £1,118, within 14 days of the date of this Judgement.[4]This comprises £880 for 20 days holiday in the period 13 July 2016 to 12 July 2017. (Her daily rate of pay was £44 x 20 = £880). For the period 13 July 2017 to 31 December 2017 the claimant was entitled to 13 days accrued but untaken holiday. She had received six days’ paid holiday so was due seven days at £44 per day = £308. Case No. 2405503/2018 2[5]The first respondent failed to provide the claimant with accurate written particulars of employment as required by section 1(3) Employment Rights Act 1996 and I award the minimum award of two weeks’ pay which is £440.[6]The claimant's claim that the second respondent failed to provide written particulars of employment is not well-founded and fails. (The claimant agreed particulars had been provided but stated they were inaccurate. Without viewing the document, I was unable to make a determination on that matter.