Mr K Weller v Abodos Construction Ltd: 2419924/2020
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 Johnson Date: 22 March 2021[1]The respondent breached section 13 Employment Rights Act 1996 by making the following unauthorised deductions from the claimant’s wages:-1.1 Non payment of wages for 1 - 31 October 2020 - £6750 (gross)1.2 Non payment of wages for 1 - 4 November 2020 - £821.92 (gross) The Respondent is ordered to pay to the claimant the sum of £7071.92 (gross)[2]The respondent breached the claimant’s contract of employment and the claimant was constructively dismissed. The claimant is entitled to damages for breach of contract as follows:-2.1 non payment of pension contributions in to pension scheme for period 2 September 2020 – 4 November 2020 £3752.2 loss of notice period (one week)2.2.1 Salary £1442.30 (gross)2.2.2 pension £ 68.752.3 Loss of contractual benefit of motor car (23 October 2020-11 November 2020) £2002.4 Non payment of expenses £1158.58 Case No: 2419924/20 The Respondent is ordered to pay to the claimant damages for breach of contract in the sum of £3244.64 Conclusion The amount that the respondent is ordered to pay to the claimant is £7071.92 (gross) as payment of unauthorised deductions from wages PLUS £3244.64 as damages for breach of contract. .