Z A Aurangzaib v Hatwel Ltd T/a Caremark Hatfield, Welwyn and St Albans : 6007286/2024
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. ________________________ Employment Judge Graham Date: 5 December 2024[1]The complaint of breach of contract in relation to notice pay is not well founded and is dismissed.[2]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[3]The respondent shall pay the claimant £228.75. The claimant is responsible for paying any tax or National Insurance. _________________________ Employment Judge Rakhim (signed electronically) 7 July 2025 Sent to the parties on: 23 July 2025 For the Tribunal Office: Case No. 6007286/2024 EMPLOYMENT TRIBUNALS Claimant: Aurangzaib Aurangzaib Respondent: Hatwel Ltd [T/A Caremark Hatfield, Welwyn & St Albans] Heard at: Watford Tribunal; via CVP On: 7 July 2025 Before: Employment Judge Rakhim (sitting alone) Appearances For the Claimant: Attended, unrepresented For the Respondent: V M Singh (Director)[1]The complaint of breach of contract in relation to notice pay is not well founded and is dismissed.[2]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[3]The respondent shall pay the claimant £228.75. The claimant is responsible for paying any tax or National Insurance.