Mr C Roberts v Morgan Turner Group Ltd: 2406111/2019
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 complaint is not affected by this judgment, and will be heard on 6 December 2019. Employment Judge Holmes Date: 30 September 2019[1]The claim in respect of arrears or wages is well-founded.[2]The respondent is ordered to pay the claimant the sum of £669.24 on or before 16 December 2019.[1]By its response the respondent neither admitted nor denied the claim for arrears of wages but asserted that the claimant had worked them for 3 weeks and that his pay for that period was £669.24.[2]The respondent asserted it had paid the claimant that sum by a cheque sent to his home address with a payslip.[3]In answer to an earlier enquiry from the tribunal the claimant confirmed that he had not received a cheque or any sum from the respondent.[4]In the absence of any further information or either party attending the hearing, I infer that the respondent, by asserting that it had tendered payment, acknowledged indebtedness to the claimant for arrears of wages in that sum. Case No: 2406111/2019 2[5]The only sum that the tribunal can award is the sum stated to have been paid, namely £669.24. I infer that the sum was calculated without deduction for tax.