Mr K F Ng v EM Recycling (Derbys) Ltd: 6000430/2025
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 Heap Date: 14th March 2025[1]The complaint of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996 is well-founded. The respondent made an unauthorised deduction from the claimant's pay in respect of the period 23/09/2024- 08/10/2024. The respondent is ordered to pay to the claimant the gross sum of £1,680 deducted from pay.[2]The complaint in respect of holiday pay is well-founded. The respondent failed to pay the claimant in accordance with regulation 14(2) of the Working Time Regulations 1998. The respondent is ordered to pay to the claimant the gross sum of £678.72[3]The complaint of breach of contract in relation to notice pay is well-founded. The respondent is ordered to pay the claimant the sum of £560 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will be taxed upon it as Post Employment Notice Pay.[4]The respondent must pay the claimant the gross sum of £2,918.72 in total. Approved by: