Mr R Bell v Fox Networking UK Ltd: 2407448/2023
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. The claimant’s other complaints are not affected by this judgment. _____________________________ Employment Judge M Butler Date: 10 October 2023[1]The claimant’s complaint of breach of contract in relation to notice pay is well founded. The claimant was entitled to receive one week’s notice of termination of employment. The respondent dismissed the claimant without notice.[2]The respondent shall pay the claimant £983.16 as damages for breach of contract. This has been calculated on the basis of an average of 54.62 hours worked a week at an hourly rate of £18.00. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Holiday Pay[3]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for 2.7 days holiday accrued but not taken on the date the claimant’s employment ended.[4]The respondent shall pay the claimant £530.90. The claimant is responsible for paying any tax or National Insurance Other complaints Case No: 2407448/23 All other complaints are dismissed.Conclusion
[6]The respondent is therefore ordered to pay to the claimant the total amount of £983.16 plus £530.90; a total of £1514.06.