Mr P Brannigan v S J Saunders: 3302377/2025
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. Approved by Employment Judge Anstis Date: 11 November 2025[1]The complaint of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996 (ERA) is well founded. The respondent made a series of unauthorised deductions from the claimant’s pay for the period September 2023 to January 2025.[2]The complaint that the claimant was paid below the prevailing rates set by the National Minimum Wage Regulations 2015 for the period September 2023 to January 2025 is well founded.[3]In respect of paragraphs 1 and 2 of this Judgment the respondent is ordered to pay the claimant the gross sum of £9,745.22.[4]The complaint under The Working Time Regulations 1998 that the respondent failed to pay the claimant on termination of employment for 1.6 days’ of accrued but untaken holiday is well founded. The respondent is ordered to pay the claimant the gross sum of £164.74. Case 3302377/2025[5]The complaint that the respondent failed to provide the claimant with payslips as required by the ERA is well founded, and I make a declaration to this effect.[6]The complaint made under s38 Employment Act 2002 that the respondent was in breach of his duty to give the claimant a written statement of his employment particulars is well founded. Under s38(4)(a) of the EA 2002 the respondent is ordered to pay the claimant £1,029.60, being the equivalent of 2 weeks’ gross pay.[7]The respondent was in breach of contract by dismissing the claimant without notice. Further, the wrongful termination of the claimant’s apprenticeship will give rise to substantial damages for both lost earnings during the remainder of the anticipated apprenticeship period (i.e. until July 2026), and for the potential change to the claimant’s future prospects. The respondent is ordered to pay the claimant the gross sum of £22,000 for this breach of contract. Approved by