Mr A U Sheikh v Mr P Singh T/a Papa Johns: 3202143/2020
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 Gardiner 2 November 2020 Case Number: 3202143/2020 A 1 EMPLOYMENT TRIBUNALS Claimant: Mr A U Sheikh Respondent: PJ Upminster Ltd t/a Papa John’s Pizza Heard at: East London Hearing Centre (by telephone) On: 8 March 2021 Before: Employment Judge Gardiner Representation Claimant: Mrs Sheikh, Claimant’s wife Respondent: Ms A Asch-D’Souza, paralegal Interpreter Mr Yasheb Tamanna (Urdu) This was a remote hearing which was conducted by telephone as it was not possible to conduct the hearing in person due to current Government restrictions.[1]The Claimant’s claim for unauthorised deductions from wages succeeds. The Claimant is awarded the sum of £2,180.37 gross calculated as follows:a. 0.5 week SSP = £47.93b. 6 weeks furlough pay = £2132.44 i. 2 wks @ £341.54 = £683.08 ii. 4 wks @ £362.34 = £1449.36;[2]The Claimant’s claim for notice pay succeeds. The Claimant is awarded the sum of £452.92 gross, being one week’s gross pay. Case Number: 3202143/2020 A 2[3]The Claimant’s claim for accrued holiday pay succeeds. The Claimant is awarded the sum of £1,247.13 gross, being 11.65 days at £107.05 per day.[4]The Claimant was not provided with a statement of employment particulars as required by Section 1 Employment Rights Act 1996. The Claimant is awarded £905.84, under Section 38 Employment Act 2002, being two weeks’ pay.[5]The total award to the Claimant under this Judgment is therefore £4,786.26 (£2,180.37 + £452.92 + £1,247.13 + £905.94). The Tribunal was told that the Respondent has already paid the Claimant the sum of £2633.34, leaving a balance to pay of £2,152.92.