Mr D Sharkey v JIB Structures Ltd (in voluntary liquidation): 6027767/2025
JUDGMENT
[1]The complaint of unfair dismissal is struck out.REASONS
The Claimant did not work for the Respondent for two years. He has not replied to the Tribunal’s letter warning him that his complaint of unfair dismissal might be struck out because he was not entitled to bring it if he had not worked for the Respondent for two years. This is not a complaint of automatically unfair dismissal. I am satisfied that the Tribunal does not have jurisdiction to hear the unfair dismissal complaint and that it should be struck out.[2]On the information before me, the Claimant’s complaints of unauthorised deduction from wages and failure to pay for holiday that had accrued but was untaken when his employment ended are all well-founded and succeed.[3]The Respondent shall pay the Claimant the following sums:3.1 Wages for 160 hours worked at £15 per hour: £2,4003.2 Wages for 33 hours’ overtime worked at £22.59 per hour: £742 3.6 Pay for holiday accrued but not taken when employment ended: £270.[4]The total sum payable to the Claimant is £3,412. S-J Davies