Claimant v Create Pure Beauty Ltd
Outcome
Individual claims
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous service to bring such a claim under the Employment Rights Act 1996.
The claimant withdrew her complaint for unlawful deductions for salary and the tribunal dismissed it upon withdrawal.
The tribunal found the complaint for holiday pay was well founded. The respondent did not appear to contest the claim and the tribunal calculated outstanding holiday pay as 69.8 hours at £14.00 per hour.
Facts
Ms Patel brought claims against Create Pure Beauty Ltd, a company in voluntary liquidation. She claimed unfair dismissal, unlawful deductions from wages, and unpaid holiday pay. She had less than two years' service with the respondent. The respondent did not appear at the tribunal hearing held remotely via CVP.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the necessary two years' qualifying service. The wages claim was dismissed upon the claimant's withdrawal. The holiday pay claim succeeded and the tribunal awarded £997.20 gross, calculated as 69.8 hours at £14.00 per hour.
Practical note
Even in default judgment situations where the respondent does not appear, tribunals will strike out claims that have no reasonable prospects of success due to lack of qualifying service, rather than automatically granting all claims brought.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3301541/2024
- Decision date
- 21 January 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No