N Neale v Griffin Nursery Ltd: 2410302/2023
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 2 years’ service to pursue an unfair dismissal complaint.[3]The claimant was employed by the respondent for less than 2 years. Therefore, the claimant is not entitled to bring such a complaint.[4]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. Accordingly, the complaint of unfair dismissal is struck out.[5]The claimant’s other complaints are not affected by this judgment.[1]The respondent has made an unauthorised deduction from the claimant's July and August 2023 wages and is ordered to pay the claimant the net sum of £2,439.88.[2]The respondent has breached the contract of employment by failing to pay to the relevant pension scheme the contributions deducted for the claimant and she is awarded damages (calculated based upon the sums deducted) of the gross sum of £208.40.[3]The claimant was dismissed in breach of contract in respect of statutory notice of one week and the respondent is ordered to pay damages to the claimant in the gross sum of £208.40.[4]The claimant will be responsible for paying any tax liabilities arising out of the gross awards if they receive the gross figure and tax is not deducted from source.[5]Consequently, the respondent must pay the claimant the total sum (of paragraphs 1, 2 & 3 above), of £2,856.68.