Mr P Affoh v Head Projects Ltd: 3321190/2021
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 (unless the claim is one for which no length of service is necessary).[3]The claimant was employed by the respondent for less than two years and has not identified any special claim of unfair dismissal for which that length of service is not necessary.[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 Anstis Date: 28 February 2022[1]By a letter dated 22/09/2022 the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why the response should not be struck out because it has not been actively pursued.[2]The respondent has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The response is therefore struck out.[3]The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. _____________________________ Employment Judge Eeley 13 October 2022 Case No: 3321190/2021 6.4 Strike Out Judgment – response - rule 37 The claim is allowed.[2]The respondent is ordered to pay to the claimant the gross sum of £3669.37 in respect of the claimant’s wages for July 2021. This sum was unlawfully deducted from wages. This is a gross sum from which the respondent is liable to pay any tax and national insurance contributions which are outstanding.[3]The respondent is ordered to pay to the claimant the gross sum of £1115.31, in respect of accrued holiday leave at the time when the claimant left the respondent’s employment, and which was unpaid. This sum was unlawfully deducted from wages. This is a gross sum from which the respondent is liable to pay any tax and national insurance contributions which are outstanding.[4]The respondent is ordered to pay to the claimant the net sum of £456, which was a sum due in respect of a refund from HMRC. This sum was unlawfully deducted from wages. This is a net sum.[5]The respondent is ordered to pay to the claimant the net sum of £45, which was a sum due in respect of expenses incurred in July 2021 by the claimant. This sum was unlawfully deducted from wages. This is a net sum. Richard Wood