Mrs K Gill Faci v APH Architects Ltd: 2405711/2019

EMPLOYMENT TRIBUNALS
Case No 2405711/2019
Mrs K Gill-FaciClaimantAPH Architects LimitedRespondent
Employment Judge Phil Allen DateDate 29 October 2019

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.[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £5000.41 (Wages) and £634.61 (Pension)[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £1,057.69.[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £704.42[4]The hearing listed on 4th November 2019 is cancelled.