Mr K Chapman v Axios Group Ltd: 3316528/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £2,422.56 gross.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £257.95.[3]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £415.38.[4]The respondent must pay the claimant £3,095.89 in total.REASONS
[1]The claimant complains of unfair dismissal.[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.