Mr S Culleton v Heysham Young Plants Ltd: 2417072/2019
EMPLOYMENT TRIBUNALS
Case No 2417072/2019
Between
Mr S CulletonClaimantHeysham Young Plants LtdRespondent
Before
Employment Judge HolmesDate 23 March 2020
JUDGMENT
The complaints that the claimant was unfairly dismissed and of failure to make a redundancy payment are struck out.
REASONS
[1]The claimant complains of unfair dismissal and a failure to make a redundancy payment.[2]Section 108 and 155 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to make an unfair dismissal complaint and a failure to make a redundancy payment complaint.[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 complaints should not be struck out. Case No: 2417072/2019[6]Accordingly, the complaint of unfair dismissal and a failure to make a redundancy payment are struck out. The claimant’s other complaints are not affected by this judgment. Employment Judge Holmes Date: 21 February 2020[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross/net sum of £2750.00.[2]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 sum of £2,000.00.[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £2,250.00.[4]The total sum which the respondent is ordered to pay to the claimant is: £7,000.00 Employment Judge Howard Date: 23rd March 2020[1]This guidance note should be read in conjunction with the booklet, ‘The Judgment’ which can be found on our website at www.gov.uk/government/publications/employment-tribunal-hearings-judgment-guide-t426 If you do not have access to the internet, paper copies can be obtained by telephoning the tribunal office dealing with the claim.[2]The Employment Tribunals (Interest) Order 1990 provides for interest to be paid on employment tribunal awards (excluding sums representing costs or expenses) if they remain wholly or partly unpaid more than 14 days after the date on which the Tribunal’s judgment is recorded as having been sent to the parties, which is known as “the relevant decision day”.[3]The date from which interest starts to accrue is the day immediately following the relevant decision day and is called “the calculation day”. The dates of both the relevant decision day and the calculation day that apply in your case are recorded on the Notice attached to the judgment. If you have received a judgment and subsequently request reasons (see ‘The Judgment’ booklet) the date of the relevant judgment day will remain unchanged.[4]“Interest” means simple interest accruing from day to day on such part of the sum of money awarded by the tribunal for the time being remaining unpaid. Interest does not accrue on deductions such as Tax and/or National Insurance Contributions that are to be paid to the appropriate authorities. Neither does interest accrue on any sums which the Secretary of State has claimed in a recoupment notice (see ‘The Judgment’ booklet).[5]Where the sum awarded is varied upon a review of the judgment by the Employment Tribunal or upon appeal to the Employment Appeal Tribunal or a higher appellate court, then interest will accrue in the same way (from "the calculation day"), but on the award as varied by the higher court and not on the sum originally awarded by the Tribunal.[6]‘The Judgment’ booklet explains how employment tribunal awards are enforced. The interest element of an award is enforced in the same way. Case No: 2417072/19 EMPLOYMENT TRIBUNALS Claimant: Mr S Culleton Respondent: Heysham Young Plants Limited & Heysham House Limited CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of Rule 69, the Judgment sent to the parties on 23rd March 2020, is corrected to amend the respondent’s details to the above. Employment Judge Howard Date 13th October 2020 SENT TO THE PARTIES ON 20 October 2020 FOR THE TRIBUNAL OFFICE Important note to parties: Any dates for the filing of appeals or reviews are not changed by this certificate of correction and corrected judgment. These time limits still run from the date of the original judgment, or original judgment with reasons, when appealing. Case No: 2417072/19 EMPLOYMENT TRIBUNALS Claimant: Mr S Culleton Respondent: Heysham Young Plants Limited & Heysham House Limited CORRECTED JUDGMENT Employment Tribunal Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorized deduction from the claimant’s wages and is ordered to pay the claimant the gross sum of £2,750.00[2]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 sum of £2,000.00[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £2,250.00[4]The total sum which the respondent is ordered to pay to the claimant is £7,000.00