Ms J Butler v New Park House Ltd and Safe Harbor: 1303746/2018

EMPLOYMENT TRIBUNALS
Case No 1303746/2018Venue Newcastle-under-LymeHearing 3 January 2019
Ms J ButlerClaimantNew Park House Ltd and Safe HarborRespondent
Employment Judge WoffendenIn person for claimantDate 5 February 2019

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. ________________________ Employment Judge Woffenden Date: 21/12/18[1]The claimant’s claim for unpaid holiday pay is well-founded and there is an award to the claimant in the sum of £44 gross. £ 44[2]The claimant’s claim for unpaid notice pay is well-founded and there is an award to the claimant in the sum of £957 gross. £ 957 3 the claimant is awarded damages for breach of contract in the sum of £638. £ 638 Total Award £1639