Mr N Smith v Floor Giants Ltd: 6007455/2024
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 Benson Date: 21 November 2024[1]The respondent’s name is amended to Aris Flooring Ltd as this appears to be the correct name of the claimant’s employer according to the written contract. Wages[2]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the claimant’s final payslip for May 2024.[3]The respondent shall pay the claimant £2500, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Notice Pay[4]The complaint of breach of contract in relation to notice pay is well- founded.[5]The respondent shall pay the claimant £500 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Case No: 6007455/2024 10.2 Judgment - rule 61 February 2018 Holiday Pay[6]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.[7]The respondent shall pay the claimant £966.66. The claimant is responsible for paying any tax or National Insurance.