Miss M Bartnicki v Rujia Marketing Consultant Ltd: 1301909/2022
JUDGMENT
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. The claimant’s other complaints are not affected by this judgment. Employment Judge Meichen Date: 8 August 2022 Case Number: 1301909/2022 1 EMPLOYMENT TRIBUNALS Claimant: Miss Magdalena Bartnicki Respondent: Rujia Marketing Consultants Limited Heard at: Birmingham by Cloud Video Platform On: 28th February 2023 Before: Employment Judge L Knowles (Sitting Alone) Representation: Claimant: Miss Bartnicki Respondents: Non attendance[7]The claimant’s claim of unlawful deductions is well founded and she is awarded £1,205.34 being the net sum due.[8]The claimant’s complaint of breach of contract, wrongful dismissal, for the respondent ending the claimant’s contract of employment with immediate effect is well founded and she is awarded £630 being the gross sum due for 1 week’s pay.[9]The claimant’s complaint for failure to be provided a written statement of employment particulars is well founded and she is awarded £1,260.[10]The respondent is accordingly ordered to pay the claimant the total sum of £3,095.34 (£1,205.34 + £630 + £1,260).