Mr L Nelson v Stessa Leisure Holdings Ltd: 2501750/2021
JUDGMENT
ON LIABILITY The judgment of the Tribunal is that:[1]The claim for unauthorised deduction of wages under section 23 Employment Rights Act 1996 is well founded and succeeds.[2]The claim for unpaid, outstanding holiday on termination of employment is well founded and succeeds.REASONS
[3]The Claimant presented a Claim Form on 11 November 2021.[4]The proceedings were served on the Respondent at its registered address. No response has been served. Therefore, in accordance with rule 21 of the Tribunal Rules of Procedure an Employment Judge must decide whether on the available material a determination can properly be made of the claim or part of it, and to the extent that a determination can be made, the Employment Judge must issue a judgment.[5]The Claimant was employed as a Gym Instructor from 5 October 2020 to 13 August 2021, when he was dismissed by the Respondent. There was a history of late payment of wages during the time the Claimant was employed. As at the date of termination of his employment, the Claimant was owed a substantial sum by way of unpaid wages. He was also owed money in respect of accrued but untaken holiday. As a result of the failure to pay him wages when owed, he suffered additional losses for which he seeks compensation in accordance with section 24(2) Employment Rights Act 1996.[6]I was satisfied that there was sufficient information on which I could issue a judgment in the Claimant’s favour. However, I required some further information on the amounts claimed. Therefore, it was appropriate to issue a judgment on liability and for a remedy hearing to be listed. Case No: 2501750/2021 _____________________________ Employment Judge Sweeney 21 December 2021 Case Number: 2501750/2021 EMPLOYMENT TRIBUNALS Claimant: Mr L H Nelson Respondent: Stessa Leisure Holdings Limited The claimant complains of unfair dismissal.[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: 20 January 2022 Case Number:2501750 / 2021 1 EMPLOYMENT TRIBUNALS Claimant Respondent v Mr L H Nelson Stessa Leisure Holdings Limited Heard at: Newcastle (by CVP) On: 8 March 2022 Before: Employment Judge Loy Appearances For the Claimant: In person For the Respondent: No appearance or representation REMEDY JUDGMENT[1]This Remedy Judgment follows Employment Judge Sweeney’s Judgment On Liability sent to the parties on 21 December 2021.[2]The Respondent shall pay to the claimant the net sum of £1583.98 in respect of unpaid wages within 14 days of the date of this judgment.[3]No award is made in respect of the claimant’s claims for accrued unpaid annual leave or pursuant to section 24(2) Employment Rights Act 1996.