Miss H Ball v GFP Payroll Ltd: 3312749/2020
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 Quill Date: 24 March 2021[1]The Claimant was employed by the Respondent between 12th February 2020 and 20th July 2020. She was employed as a Beautician. She had the benefit of a written contract of employment. That contract confirmed her hourly rate of pay at £12.00 per hour. Contractually she was obliged to work fifteen hours per week. She was entitled to four weeks holiday plus statutory bank holidays.[2]On 20th July 2020 her employment was terminated by reason of redundancy.[3]The Claimant attended the Hearing in person and confirmed that she was owed her wages for the month of July 2020 including her entitlement to one week’s pay in lieu of notice. The Respondent did not attend the Hearing and they were not represented. The Clerk, shortly before the Hearing was due to commence, made contact with someone at the Respondent’s offices and the Hearing was put back to 10:30 am to give them the opportunity of attending but they still failed to do so. I therefore proceeded in their absence. Case Number: 3312749/2020 2[4]The Claimant confirmed her contractual hours and hourly rate of pay to me. She again confirmed that she had not been paid for July 2020.[5]For four weeks in July 2020 the Claimant would have worked sixty hours. At £12.00 per hour that results in a claim for outstanding wages (including notice) for the month of July 2020 in the gross sum of £720.00.[6]The Claimant took no holiday during the course of her employment. She is owed eight days holiday at the rate of £36.00 per day resulting in a total sum claimed of £288.00. The total sum owed by the Respondent to the Claimant is in the sum of £1,008.00 and the Respondent is ordered to pay that sum to the Claimant. The sum is subject to lawful deductions for both income tax and national insurance contributions. _____________________________ Employment Judge Bloom Date: 01 October 2021 Sent to the parties on: ....................... ............................................................ For the Tribunal Office Case No:3312749/2020 EMPLOYMENT TRIBUNALS Claimant: Miss Hilal Ball Respondent: GFP Payroll Ltd[1]The claimant was an employee of the second respondent, Forever Me Limited.[2]The claims against the first respondent, GFP Payroll Limited are dismissed.[3]The claimant’s claim for a redundancy payment is dismissed as she does not have sufficient length of service to qualify for a statutory redundancy payment.[4]The second respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £540.[5]The claimant was dismissed in breach of contract in respect of notice and the second respondent is ordered to pay damages to the claimant in the sum of £780.[6]The claimant’s claim for holiday pay is dismissed.