Mr M Love v Clearway Drainage Systems Ltd: 2409442/2023
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: 26 January 2024[1]The respondent was in breach of contract by dismissing the claimant without notice and is ordered to pay to the claimant the gross sum of £560 less the applicable deduction for tax.[2]The complaint in respect of holiday pay is dismissed on withdrawal by the claimant.[3]The respondent made an unauthorised deduction from pay by not reimbursing the claimant for a fob and PPE now returned by the claimant and is ordered to pay to the claimant the sum of £275.74 in respect of the amount deducted.[4]The respondent made unauthorised deductions from pay by deducting VAT payable on a replacement hard hat, lost mini jet, lost black jet, replacement filter and vehicle/equipment damage. The respondent was entitled to deduct the amounts excluding VAT. The respondent is ordered to pay to the claimant the total sum of £134.50 unlawfully deducted in respect of the VAT.[5]The respondent made unauthorised deductions by deducting the amount of £150 for “consumables”, £24.98 for a mobile phone and £225.17 for a tablet. The respondent is ordered to pay to the claimant the amount of £400.15 in respect of these deductions. Case No. 2409442/2023 2[6]The total amount in respect of unauthorised deductions to be paid by the respondent to the claimant is £810.39. This is in addition to the notice pay of £560 gross.