Miss A Elganas v Greater Manchester Sports Clubs Ltd (T/a Swim @ School): 6003476/2025
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 Buzzard Date: 9 May 2025[1]The correct respondent to the claim is Greater Manchester Sports Clubs Limited. This respondent is substituted in place of Haroon Ishtiaq under Rule 35(1) Employment Tribunal Procedure Rule 2024.[2]The complaint of unauthorised deductions from wages is well-founded and succeeds. The respondent is ordered to pay the claimant the sum of £644.18 (before deductions of income tax and national insurance).[3]The complaint of wrongful dismissal is well-founded and succeeds. The respondent is ordered to pay the claimant the sum of £105.82 (before deductions of income tax and national insurance).[4]The respondent unreasonably failed to comply with the Acas Code of practice for dealing with grievances. The compensation awarded to the claimant is uplifted by 25%. The respondent is ordered to pay the claimant the sum of £187.50 (before deductions of income tax and national insurance).[5]The total sum payable to the claimant is therefore £937.50 (before deductions of income tax and national insurance). Approved by: