Mr C Vikentiou v Framework Architecture and Urban Design Ltd: 2600457/2024
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 Ahmed Date: 18 April 2024[1]The claimant’s complaint of unauthorised deduction from wages, in respect of 26 to 28 September 2023, is dismissed on withdrawal.[2]By consent, the claimant’s complaint of unauthorised deduction from wages of £73.50 gross is well-founded. The respondent shall pay the claimant this amount. The respondent is responsible for the payment of any tax or national insurance.[3]The claimant’s complaint of breach of contract in relation to notice pay is well-founded. The respondent shall pay the claimant £735.00 as damages for breach of contract. The figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.