Mr R Allman v The CS Group Ltd: 2408674/2022
JUDGMENT
The complaints of(1) unfair dismissal and(2) failure to provide a written statement of reasons for dismissal are struck out.REASONS
[1]The claimant complains of unfair dismissal. 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.[2]The claimant complains that the respondent failed to provide him with a written statement of reasons for dismissal. Section 92 of the Employment Rights Act 1996 requires a claimant to have not less than two years’ service to make a complaint of a failure to provide a written statement of reasons for dismissal.[3]The claimant was employed by the respondent for less than two years.[4]Therefore, the claimant is not entitled to bring these complaints.[5]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaints should not be struck out.[6]Accordingly, these 2 complaints are struck out. The claimant’s other complaints are not affected by this judgment. Case No: 2408674/2022[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £1,496.00 within 14 days of the date this Judgement is sent to the parties.[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 gross sum of £1,496.00. This 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” within 14 days of the date this Judgement is sent to the parties.[3]The tribunal makes an additional award of ‘two weeks’ pay under section 38 of the Employment Act 2002 because the respondent was in breach of its obligation to provide a statutory statement of particulars of employment to the claimant at the time the claim was presented. The respondent is accordingly ordered to pay the claimant the sum of £884.30 within 14 days of the date this Judgement is sent to the parties.