Mr R Dunn v FCI Group Ltd: 2603004/2023
JUDGMENT
The claim for a redundancy payment is struck out.REASONS
[1]By a letter dated 23 January 2024 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim for a redundancy payment should not be struck out because the claimant appeared to lack the necessary qualifying service to bring such a claim.[2]The claimant has not responded with any representations why this should not be done or to request a hearing. The claim for a statutory redundancy payment is therefore struck out.[3]The claimant’s remaining claim(s) remains listed for hearing on 1 May 2024 Employment Judge Clark 2/2/2024[1]The claimant’s claim for unfair dismissal is struck out because the claimant did not have sufficient length of service before his dismissal in order to pursue his claim. Wages[2]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 1st June 2023- 14th June 2023.[3]The respondent shall pay the claimant £1,213.69, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance Holiday Pay[4]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[5]The respondent shall pay the claimant £602.88. The claimant is responsible for paying any tax or National Insurance. Case No: 2603004/2023 & 2601972/2023 NMW[6]The Claimant’s claim for breach of the National Minimum Wage regulations is not well-founded and is dismissed. Employer’s Breach of contract claim[7]The Respondent’s breach of contract claim is not well-founded and is dismissed.