N Manzoor v Kiren Foods Ltd: 6019209/2025
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:[1]The claim was presented in the Manchester Employment Tribunal on 22nd May 2025. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 22 of the Rules of Procedure.[2]The complaint of unauthorised deductions from wages is well-founded. The respondent made unauthorised deductions from the claimant’s wages. The respondent shall pay the claimant £566.28 which is the gross sum. The claimant is responsible for the payment of any tax or National Insurance.[3]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. The respondent shall pay the claimant £1,544.44 (7.5 hours x £11.44 = £85.80 per day. 18 days x £85.80 = £1,544.44). The claimant is responsible for paying any tax or National Insurance.[4]The respondent must pay the claimant £2,110.72 in total.[5]The hearing listed on 21 October 2025 is cancelled. Approved by: