Mr D Paulauskas and Mr N Bandza v 1ES Group Ltd: 2601050/2022 and 2601052/2022
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 Victoria Butler Date: 8 June 2022[1]Further to the unless order sent to the parties on 7 June 2022, which the respondent failed to comply with by the deadline of 17 June 2022 or at all, the responses were dismissed on 18 June 2022.[2]In accordance with rule 38(3) of the Rules of Procedure, rule 21 applies. The Employment Judge has decided that a determination can properly be made of the claims in accordance with rule 21(2).[3]The respondent has made unauthorised deductions from the wages of claimant (1) – Mr Bandza – and must pay him the amount of those deductions: £4,352.00[4]The respondent has made unauthorised deductions from the wages of claimant (2) – Mr Paulauskas – and must pay him the amount of those deductions: £4,178.45[5]If either claimant thinks he is claiming more money from the respondent in his claim form, he must explain how much more he is claiming and on what basis within 10 days; otherwise the Tribunal will close its file. The hearing listed on 18 July 2022 cancelled.