Mr M Alexandru v Pro-Despatch Logistics Ltd (In Voluntary Liquidation) c/o K A Wigfield: 2412201/2023
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.[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 an unauthorised deduction from the claimant's wages in the sum of £1,412.00, which sum has been calculated as follows:a. by paying the claimant £10.00 per hour in place of the contractual rate of £11.00 per hour between 3 and 8 April 2023, causing a gross loss to the claimant of £54.00.b. by paying the claimant £10.50 per hour in place of the contractual rate of £11.00 per hour between 9 and 22 April 2023, causing a gross loss to the claimant of £54.00.c. by failing to pay an agreed contribution of £5.00 per week towards the claimant’s personal mobile phone costs between April 2023 and 8 November 2023 (£5 x 32 weeks) £160.00.d. by failing to pay the claimant’s wages between 16 October and 3 November inclusive. 13 working days x 8 hours = 104 hours x £11.00 = £1,144.00 (gross).[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 £557.63 (1 week’s statutory notice entitlement). 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.[4]Consequently, the respondent must pay the claimant the total gross sum of £1,969.63.[5]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.[6]The hearing listed on 1 May 2024 at 10:00 is cancelled.