Mr B Nelson v The Skiers Lodge Ltd and Easycoach: 1304243/2018
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 Dimbylow Date: 19/02/2019 Case No:1304243/2018 4.17 Rule 21 judgment – universal template. September 2017 EMPLOYMENT TRIBUNALS Claimant: Mr B Nelson Respondent: R1. The Skiers Lodge Limited R2. Easycoach[1]The claimant’s claim of breach of contract (notice pay) is well founded and succeeds. The claimant is awarded the net sum of £275 in respect of one week's statutory minimum period of notice.[2]The claimant’s complaint for accrued holiday pay is also well-founded and succeeds. The respondent is ordered to pay to the claimant the further sum of £936 in respect of accrued holiday pay.[3]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the sum of £604.[4]The sums set out at paragraphs 2 and 3 above are to be paid gross and the claimant is to be responsible for the payment of any income tax and National Insurance Contributions thereon.[5]The hearing listed on 27 February 2019 is cancelled.