Mr A A Kuciak v Home Restore Scotland Ltd: 4100198/2022
JUDGMENT
The part of the claim alleging unfair dismissal is struck out under rule 37 of the Rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 on the grounds that it has no reasonable prospect of success in terms of rule 37(1 )(a).REASONS
[1]On 28 February 2022, the claimant was informed that an Employment Judge was not able to issue a judgment for unfair dismissal as the claimant did not have the 2 years’ service required to make such a claim.[2]On 1 March 2022, the Tribunal gave the claimant an opportunity to give written reasons by 1 1 March 2022 or to request a hearing in order to consider why that part of the claim should not be struck out[3]On 7 March 2022, the claimant wrote to the Tribunal and confirmed that he agreed that the unfair dismissal claim should be struck out. The Tribunal therefore strikes out that part of the claim.[1]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the sum of £956 (net).[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £956 (net).[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £2730 (gross), that being the sum of 18.2 days annual leave at a rate of £1 50 per day.