Mr K KehoeClaimantScratch Repair CompanyRespondentDate 12 June 2024
JUDGMENT
[1]The complaint that the claimant was unfairly dismissed is struck out.[2]The complaint that the respondent failed to pay the claimant a redundancy payment is struck out.
REASONS
[1]The claimant complains of unfair dismissal and the respondent’s failure to make a redundancy payment.[2]Sections 108 and 155 of the Employment Rights Act 1996 require a claimant to have not less than two years’ service to make these complaints.[3]The claimant was employed by the respondent for less than two years.[4]Therefore the claimant is not entitled to bring such complaints.[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 complaints are struck out. The claimant’s other complaints are not affected by this judgment.[1]The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made on the claim in accordance with Rule 21 of the Rules of Procedure.[2]The respondent has made unauthorised deductions from the claimant's wages and is ordered to pay the claimant the gross sum of £2,307.60 (unpaid wages from April 2023 = gross weekly pay of £576.90 x 4 weeks).[3]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 £576.90 (1 weeks’ statutory notice). 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. The Tribunal will make no award for a further weeks’ notice pay claimed by the claimant unless he, within 14 days, sends to the Tribunal evidence of his contractual entitlement to two weeks’ notice pay.[4]The respondent has failed to pay the claimant’s accrued but untaken holiday entitlement and is ordered to pay the claimant the gross sum of £2,884.50 (5 weeks @ £576.90 gross per week).[5]Consequently, the respondent must pay the claimant the total gross sum of £5,769.00.[6]The claimant will be responsible for paying tax liabilities arising out of the gross award if they receive the gross figure and tax is not deducted at source.[7]The hearing on 18 June 2024 is cancelled.