Mr S O Alaka v Bluegrain/Knight Bridge Construction: 2414234/2021
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 Phil Allen Date: 24 February 2022[1]The claimant was employed by the Third Respondent, Knights Bridge Contractors Ltd, between March and September 2021.[2]The claimant was not employed by either the First or Second Respondent during that period, and the claims against them are dismissed.[3]The Third Respondent made an unauthorised deduction from the claimant’s wages in relation to two boilers which allegedly went missing from a site he was working at. The Third Respondent must pay the claimant the gross sum of £1,700.00.[4]The Third Respondent failed to pay the claimant the national minimum wage. The claimant is entitled to recover the shortfall in his wages as a further unauthorised deduction from his wages. The Third Respondent must pay the claimant the gross sum of £9,841.47, calculated as follows: Total hours worked: 2,517. Hourly rate paid: £5.00/hour NMW rate applicable: £8.91/hour 2,517 x £3.91 = £9,841.47 Case No:2414234/2021 NB: This sum is slightly higher than the sum announced in the Employment Judge’s oral judgment given at the end of the hearing. On writing up the Judgment, the Employment Judge realises that an error was made as to the total hours worked, as shown on the claimant’s schedules.[5]The Tribunal also awards the claimant four weeks’ gross pay under s.38 Employment Act 2002 in respect of the Third Respondent’s failure to give the claimant a statement of his terms and conditions of employment. The claimant’s average weekly pay would have been in the region of £900/week if he had been paid at national minimum wage levels. Weekly pay for these purposes is limited by the statutory cap of £544.00. the amount awarded, which the Third Respondent must pay to the claimant is therefore £2,176.00.[6]The total amount payable to the claimant by the Third Respondent in accordance with this judgment is therefore £13,717.47.[7]The claimant’s claim for a redundancy payment was not pursued and is dismissed.