Miss E Newton v Heronsmere Home Care Ltd: 3300776/2021
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, 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 R Lewis Date: 4 May 21[1]The claimant was employed by the respondent at a care home from 26 November 2020 until 20 December 2020. She was employed as a carer.[2]The claimant’s claims of unfair dismissal were struck out by the Tribunal as the claimant did not have two years of continuous employment. Case Number: 3300776/2021 2[3]Following the failure by the respondent to present a valid response on time the claimant was granted judgment (liability only) in respect of her claims for unpaid wages for the month she worked and holiday pay.[4]The claimant appeared before me today by video at the remedy hearing. She told me that she had never received a contract of employment but had agreed by telephone with the respondent an hourly rate of £10.50 weekdays and £12.50 per hour for Saturdays and Sunday work. She presented to the Tribunal a document which showed the number of hours that she worked in her employment of about a month and which of those hours were at the higher rate of £12.50 as representing weekend work.[5]She told me, and I accepted, that this document had been written down by her shortly after the end of her employment and she had used various text messages which had been sent to her asking her to work (the following day) as the basis of this document. As to the number of hours, this had been calculated from her recollection at the time. She tended to write matters down on her telephone. She had been told that she would get paid within two weeks of starting work but received nothing and she told me (and I accepted) that she never received any money whatsoever for the work which she performed for the respondent.[6]The claimant told me that she had informed the respondent that she had worked 50 hours for them and this had not been disputed.[7]Accordingly, I accepted that the claimant was entitled to £545.00 as unpaid wages comprising:7.1 40 hours during the week at £10.50 = £420 and;7.2 10 hours at the weekend rate of £12.50 = £125.00 The total was accordingly £545.00.[8]In respect of holiday pay I calculated that the claimant worked an average of 11.29 hours per week. Multiplied at the standard rate of 5.6, she was entitled to £63.23 hours per month which divided by 12 came to a monthly figure of £5.42 hours. Multiplying that by £10.50 provided a figure of £55.32.[9]The total award was accordingly £545.00 plus £55.32 = £600.32.[10]These are gross sums, therefore subject to any tax for which the claimant may be liable to pay.