Miss C Wrigley v J Phillips and The Bull (Colchester) Ltd: 3204969/2022
JUDGMENT
The complaint of Unfair Dismissal is struck out.REASONS
[1]By a letter dated 1 December 2022 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• it has no reasonable prospect of success.• No continuous employment of 2 years to bring Unfair Dismissal Claim[2]The claimant’s remaining claims remains listed. Acting Regional Employment Judge Burgher 16 January 2023 Case Numbers: 3204968/2022 3204969/2022 10.2 Judgment - rule 61 February 2018 EMPLOYMENT TRIBUNALS Claimants:(1) Mr Jack Litchfield(2) Ms Charlotte Wrigley Respondent: The Bull (Colchester) Ltd Heard at: East London Hearing Centre (by CVP) On: 26 October 2023 Before: Tribunal Judge M M Thomas Representation For the Claimants: Mr J Litchfield, Litigant in Person For the Respondent: Ms J Phillips, Director of the Respondent[1]The Respondent made unauthorised deductions from wages by failing to pay the Claimants the full amount of their wages due for the final week of their employment. The Respondent agrees to pay to the(i) First Claimant, the sum of £304 being the total gross sum deducted.(ii) Second Claimant, the sum of £500 being the total gross sum deducted.[2]The Respondent is in breach of contract by dismissing the Second Claimant without notice. The Respondent agrees to pay the Second Claimant damages of £370 net for that breach. The Judgment of the Tribunal in regard to the remaining claims in issue:[3]The First Claimant’s claim of breach of contract for a failure by the Respondent to pay notice monies is dismissed.[4]The Respondent made an unauthorised deduction from wages by failing to pay the Claimants in lieu of accrued but untaken annual leave on termination of their employment. Case Numbers: 3204968/2022 3204969/2022 10.2 Judgment - rule 61 February 2018 The Respondent is ordered to pay to the(i) First Claimant, the sum of £1905 being the total gross sum deducted.(ii) Second Claimant, the sum of £833 being the total gross sum deducted.[5]The Respondent is ordered to pay to the Claimants additional compensation by way of two week’s pay pursuant to section 38 Employment Act 2002 for its failure to provide to the Claimants their written statement of employment particulars. The Respondent is ordered to pay to the(i) First Claimant, the sum of £580.(ii) Second Claimant, the sum of £740. Tribunal Judge M M Thomas 27 October 2023