Miss K Dale v A Hudson: 2602054/2024
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. Regional Employment Judge Swann Date: 3/2/2025 The claimant is disabled because of dyslexia.[2]The respondent has failed to pay to the claimant her notice pay. The respondent must therefore pay her £345 gross.[3]The remaining discrimination claims will be heard and decided in due course.[4]This is a claim for disability discrimination and for notice pay. A claim of unfair dismissal has been struck out.[5]The respondent may not take part in the proceeding because she has not presented a response and has not asked for permission to take part. Case No 2602054/2024 Page 2 of 2[6]I considered the claim to the Tribunal. A reasonable reading shows that the claimant says she is disabled because of dyslexia. I accept what is in the claim at face value. It accords with the claimant’s information today and I have no reason to doubt it. On the information before me I can and do find as a fact that she is disabled because of dyslexia.[7]The claimant complains that the respondent did not pay her notice pay to her when she left. Her contract confirmed she was entitled to 1 week’snotice pay, which is coincidentally the same as her statutory entitlement because she was employed for 8 or so weeks. She told me she worked 30 hours per week and was paid £11.50 per hour gross. I conclude I now have sufficient information before me to decide both liability and remedy for this claim. I accept the information and find as a fact it is correct. There is no basis to conclude she was not entitled to it.[8]I find as a fact that one week’s pay is £11.50 gross × 30 = £345 gross. It was not paid to her when it should have been. I award that accordingly.[9]The discrimination claims require further evidence. I cannot determine liability or remedy on them today based on the information before me. I therefore make separate directions which are set out in a case management order. Approved by: