Mr B Perry v 5 Solutions Ltd: 3200476/2022
JUDGMENT
The complaint of unfair dismissal is struck out.REASONS
[1]By a letter dated 24th February 2022 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint of unfair dismissal should not be struck out because it has no reasonable prospect of success.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The complaint of unfair dismissal is therefore struck out.[3]The claimant’s remaining claim(s) remains listed for hearing on 9th August 2022. Employment Judge Reid Date 8 July 2022 Case Number: 3200476/2022 1 EMPLOYMENT TRIBUNALS Claimant: Brendan Perry Respondent: 5 Solutions Ltd Heard at: London East Hearing Centre On: 9 August 2022 Before: Employment Judge Sugarman Representation Claimant: In person Respondent: Did not attend[1]The Claimant’s claim of unlawful deductions from wages in respect of pay due on 1 or 2 November 2021 for work done in the period 26 September - 25 October 2021 succeeds. The Respondent is ordered to pay the Claimant £40 gross in respect of the sum unlawfully deducted.[2]The Claimant’s claim of unlawful deductions from wages in respect of pay due on 1 or 2 December 2021 for work done in the period 26 October - 25 November 2021 succeeds. The Respondent is ordered to pay the Claimant £1,543.88 gross in respect of the sum unlawfully deducted.[3]The Claimant’s claims of unlawful deductions from wages and breach of the Working Time Regulations 1998 in respect of taken but unpaid holiday in November 2021, which should have been paid on 1 or 2 December 2021, succeeds. The Respondent is ordered to pay the Claimant the sum of £1,203.60 gross in respect of the unpaid holiday.[4]The Claimant’s claim of unlawful deductions from wages in respect of pay due on termination in respect of work done in the period 26 November – 3 December 2021 succeeds. The Respondent is ordered to pay the Claimant £460 gross in respect of the sum unlawfully deducted.[5]The Claimant’s claim of wrongful dismissal succeeds and the Respondent is ordered to pay the Claimant the sum of £460 gross in respect of unpaid notice pay.[6]Therefore, pursuant to paragraphs 1- 5, the Respondent is ordered to pay the Claimant the total gross sum of £3707.48 from which appropriate deductions Case Number: 3200476/2022 2 for tax and national insurance may be made.[7]The Respondent is also ordered to pay the Claimant an additional £926.87 pursuant to s207A of the Trade Union and Labour Relations (Consolidation) Act 1992, representing a 25% uplift on the awards made for unlawful deduction from wages and wrongful dismissal.