Ms H Gaines v Leslie Brown Contracting Ltd: 2500733/2023
JUDGMENT
[1]The claimant was an employee for the purposes of section 203 Employment Rights Act 1916.[2]The respondent made an unauthorised deduction from the claimant’s wages for December 2022 and January 2023.[3]The respondent shall pay the claimant the sum of £3267.[4]The claimant was not provided with Particulars of Employment as required by section 1 Employment Rights Act 1996.[5]Pursuant to section 38 Employment Act 2002 the claimant is entitled to the sum of two weeks wages for the above failure.[6]The respondent shall pay the claimant the sum of £880.[7]The claimant does not have the requisite qualifying period to bring an unfair dismissal claim. The Tribunal does not have jurisdiction to hear such a claim.[8]The claim for Direct Discrimination based on events in 2021 was presented out of time, it is not just and equitable for time for presentation to be extended. The 10.2 Judgment - rule 61 February 2018 Case No: 2500733/2023 Tribunal does not have jurisdiction to hear those claims.[9]The Direct Discrimination based on the failure to pay wages in December 2022 and December 2023 is not made out and is dismissed.[10]The Sexual Harassment claim in based on events in 2021 was presented out of time, it is not just and equitable for time to for presentation to be extended. The Tribunal does not have jurisdiction to hear those claims.[11]The Sexual Harassment claim based on the failure to pay wages due in December 2022 and January 2023 is not made out and is dismissed.[12]The respondent shall pay to the claimant the a total of £4147.