Mr G Pennington v Blackbelt Smartphone Defence Ltd: 2405624/2023
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.[7]The claimant’s remaining complaint is not affected by this Judgment and will proceed to be heard on a date to be provided to the parties. Employment Judge Phil Allen 27 January 2025[1]The claimant’s complaint of unauthorised deductions from wages is well-founded and succeeds.[2]The respondent is ordered to pay the claimant the sum of £2,230.80 (gross) which equates to a payment in lieu of 11.6 days of accrued but untaken holiday pay.[3]It is just and equitable to award a sum of two weeks’ pay (capped at the statutory maximum of £571 per week) by reason of the respondent’s failure to provide the claimant with a written statement of employment particulars. Total sum = £1,142. Approved by: