Mr L F C Montesinos v CleanTask Ltd: 6019602/2025
JUDGMENT
[1]The claim was presented in the Bristol Employment Tribunal on 27th 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 respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £1,995.04 gross.[3]The claimant was dismissed in breach of contract in respect of notice ((1 week at 40 hours x £15) and the respondent must pay damages to the claimant of £600 gross.[4]The respondent has failed to pay the claimant’s holiday entitlement ( 7 days) and must pay the claimant £840 gross.[5]The respondent must pay the claimant £3,435.04 gross in total.[6]The complaint that the claimant was unfairly dismissed is struck out.REASONS
[1]The claimant complains of unfair dismissal.[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. Approved by: