Miss O Cockburn v Heritage Hospitality Ltd T/a Nossa Restaurant: 2603211/2023
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 Hutchinson Date: 12 February 2024 Case Number: 2603211/2023 EMPLOYMENT TRIBUNALS Claimant: Miss O Cockburn Respondent: Heritage Hospitality Limited t/a Nossa Restaurant Heard at: Leicester (hybrid hearing) On: 25 September 2024 Before: Employment Judge Welch REPRESENTATION: Claimant: Mr R Cockburn, father Respondent: Mr L Fakunle, Solicitor[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 26 July 2023 until 18 August 2023.[2]The respondent shall pay the claimant £780.00, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Notice pay[3]The claim for wrongful dismissal is well-founded. The respondent failed to pay the claimant for her 1 week notice period.[4]The respondent shall pay the claimant £168.97 which is the gross weekly pay for her week’s notice. The claimant is responsible for the payment of any tax or National Insurance. Case Number: 2603211/2023 Holiday Pay[5]The complaint in respect of holiday pay is well-founded. The respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998.[6]The respondent shall pay the claimant £143.06. The claimant is responsible for paying any tax or National Insurance. Failure to provide a written statement of employment particulars[7]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is not just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £337.94. ACAS Uplift[8]There shall be an adjustment pursuant to s207A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to follow the requirements of the ACAS Code of Practice on Disciplinary and Grievance Procedures in the sum of 25% in respect of the amounts awarded for unlawful deductions from wages, holiday pay and notice pay. The sum of £273.01 Is payable for this uplift.