Mr A McGrath-Rollins v CTMG Ltd and The Coachhouse Bar and Restaurant: 2406438/2022
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 claim was issued in the North West Employment Tribunals on 18 March 2022.[2]The claimant’s employer was CTMG Limited. The second respondent appears to be a trading name, rather than a separate legal entity. The second respondent is, therefore, removed as a respondent. References in the remainder of this judgment to “the respondent” refer to CTMG Limited.[3]The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[4]The respondent has made an unauthorised deduction from the claimant's wages for hours worked, including a “week in hand” and is ordered to pay the claimant the gross sum of £1,100.[5]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 £1000. This is a net sum but is based on the claimant’s gross pay because it is likely that upon receipt the claimant will have to pay tax on this amount as Post Employment Notice Pay.[6]The respondent has made an unauthorised deduction from wages by failing to pay the claimant in lieu of accrued but untaken holiday entitlement and is ordered to pay the claimant the sum of £253.82.[7]The respondent is to pay any gross sums for unauthorised deductions from wages less the appropriate deductions for tax and national insurance, if any, for which it must account to HMRC.[8]In accordance with Rule 66 the sum awarded must be paid within 14 days of the date of this judgment.[9]The hearing listed on 27 October 2022 is cancelled.