Mr T Harvey v LR Panels Ltd: 3206664/2021
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 why the complaint should not be struck out, despite being given the opportunity to do so by 24 November 2021.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment and can continue. The remaining claims are for: unpaid wages, notice pay, and accrued but untaken holiday pay;[4]a reference under section 11 of the Employment Rights Act 1996 whether correct payslips were provided to the Claimant; and if payslips were purported to be provided what particulars ought to have been included on them.[8]The Respondent has already been informed by letter of 10 November 2021 that it has until 8 December 2021 to respond to those remaining claims. Case No: 3206664/2021 1.18 UDL – length of service - strike out judgment -.part claim Employment Judge Moor 6 December 2021 Case Number: 3206664/2021 1 EMPLOYMENT TRIBUNALS Claimant: Mr T Harvey Respondent: LR Panels Limited Heard at: East London Hearing Centre (by telephone) On: 11 March 2022 Before: Tribunal Judge D Brannan sitting as, an Employment Judge Representation Claimant: Did not attend Respondent: Donna Kent, Company Secretary[1]The claimant suffered an unauthorised deduction from wages in the sum of unpaid gross wages of £87.50 relating to contractual sick pay in July 2021.[2]The respondent dismissed the claimant in breach of contract by failing to give him statutory notice. His notice pay is £200 gross.[3]At the point of termination the claimant had accrued 17.2 hours of untaken holiday worth £215 gross. This has not been paid.[4]The gross sums due to the claimant total £502.50 but he received a net overpayment £120 with his pay for June 2021 (paid in July 2021). Once this is taken into account the total net payment due from the respondent to the claimant is £307.20 because of the consequent recalculation of PAYE deductions.[5]Within 14 days of the claimant notifying to the respondent his bank details for sending the payment by email to contact@lrreplacementpanels.com, the respondent is ordered to pay the claimant £307.20.[6]The above sums are the Tribunal’s determination of the particulars of what ought to be included on the claimant’s final itemised pay statement under section 11 of the Employment Rights Act 1996. Case Number: 3206664/2021 2 Tribunal Judge D Brannan acting as, an