Mr S Field v Pertemps: 1301724/2022
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 judgement. Employment Judge Broughton Date: 19 May 2022 Case No: 1301724/2022 10.2 Judgment - rule 61 February 2018 EMPLOYMENT TRIBUNALS Claimant: Mr Sam Fields Respondent: Pertemps Recruitment Partnership Ltd Heard at: Birmingham (via CVP) On: 29 November 2022 Before: Employment Judge Bennett Representation Claimant: No appearance Respondent: In person[1]The Respondent’s application to strike out the claim is refused.[2]The Claimant’s claim for breach of contract (relating to failure to pay 8 hour guarantee payments) is not well founded and fails. NOTES The Claimant was contacted when he failed to appear for the hearing and he confirmed that he was not able to attend because he had to work. The Tribunal informed the Claimant that the hearing would proceed in his absence if he chose not to attend.