Mr P Thavaraja v T&S Surveying Ltd: 2601706/2022
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 Adkinson Date:13/10/2022 Case No: 2601706/2022 10.2 Judgment - rule 61 February 2018 EMPLOYMENT TRIBUNALS Claimant: Mr P Thavaraja Respondent: T&S Surveying Ltd Heard at: Nottingham (via CVP) On: 28 October 2022 Before: Employment Judge Varnam Representation Claimant: In person Respondent: No appearance or representation[1]The Respondent made unlawful deductions from the Claimant’s wages, by failing to pay him in respect of work done by him in the weeks ending 15 May 2022 and 22 May 2022. These deductions totalled £2,100 gross.[2]The Respondent is accordingly ordered to pay the gross sum of £2,100 to the Claimant in respect of unlawful deductions from wages.[3]The Respondent also breached the Claimant’s contract, by failing to pay him £520 in training fees and related expenses.[4]The Respondent is accordingly ordered to pay the sum of £520 to the Claimant as damages for breach of contract, in addition to the sums payable in respect of unlawful deductions from wages.