Miss A Sajdak v Accident Specialists Ltd: 2602213/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the net sum of £142.93.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £780.[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £480.[4]A determination on the claimant’s claim of unfair dismissal remains pending.[5]The hearing listed on 25th November 2019 is cancelled. Employment Judge Clark _____________________________ Date: 9/10/19 Case No: 2602213/2019 1.18 UDL – length of service - strike out judgment -.part claim EMPLOYMENT TRIBUNALS Claimant: Miss A Sajdak Respondent: Accident Specialists LtdREASONS
[1]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.