Ms K Banu v MILO05 Ltd T/a Antipodea Kew: 6021427/2025
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 Employment Tribunal on 9 June 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 in accordance with rule 22 of the Rules of Procedure.[2]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period to 23 March 2025.[3]The respondent shall pay the claimant £842.51, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.[4]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.[5]The respondent shall pay the claimant £108.29. The claimant is responsible for paying any tax or National Insurance.[6]The claimant claimed a further amount in respect of “inconvenience” but the Tribunal having no power to award such an amount does not do so.[7]The hearing listed for 19 and 20 January 2027 is cancelled. Approved by