Miss L Cook v Browns The Barbers (Hunnington) Ltd: 1304513/2020
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 Hughes Date: 15/7/2020 Case Number: 1304513.20 Note: written reasons will not be provided unless requested at the Hearing itself or in writing within 14 days of the sending of the written record of the decision, Rule 62(3). EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent Ms Cook Browns the Barbers (Hunnington) Ltd (R1) The Secretary of State for Business, Energy & Industrial Strategy (R2) AND[1]The claimant’s claim of wrongful dismissal (unpaid notice pay) succeeds against R1. R1 (Browns the Barbers (Hunnington) Ltd) is ordered to pay to the claimant damages in the sum of £255 (gross figure).[2]The claimant’s claim of unpaid holiday pay against R1 succeeds. R1 is ordered to pay to the claimant compensation in the sum of £544 (gross figure: 6.4 days, 6.1 days of which @ FT day rate of £85 per day).[3]R1 was in breach of its duty under section 4 of the ERA 1996 when the proceedings were begun. R1 is ordered to pay to the claimant an award in the sum of £1020 (4 weeks x £255). The claims against R2 are dismissed.