Mr D Buck v Famous Websites T/a Oktogon bar: 1305434/2018
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 Dean 07 February 2019 Case Numbers:1304991/2018 1305434/2018 1304636/2018 dk EMPLOYMENT TRIBUNALS BETWEEN Claimants Respondent Miss J Buck(1) Mr D Buck(2) AND Famous Websites Limited t/a Oktogon Bar and Coffee House[1]Claim Number 1304636/2018 is dismissed following a withdrawal of the claim by the second claimant.[2]Claim Number 1305434/2018 and Claim Number 1304991/2018 are ordered to be heard together.[3]The correct name of the respondent is Famous Websites trading as Oktogon Bar and Coffee House and the title to the proceedings is amended accordingly.[4]By 1 March 2019 the claimants shall each prepare and send to the respondent (copied to the tribunal) an amended schedule of loss showing the amounts of holiday pay claimed and how they are calculated in accordance with Regulations 13 13A 14 15A and 16 of the Working Time Regulations 1998 (if applicable). Case Numbers:1304991/2018 1305434/2018 1304636/2018[5]By 15 March 2019 the respondent shall prepare and send to the claimants (copied to the tribunal) a counter schedule of loss for each claimant showing in particular the amount of any credit for any alleged ‘rolled up’ holiday pay paid to the claimants and how it is calculated.[6]The Hearing is postponed until 5 April 2019 commencing at 9.45 am (time estimate 1 day). Employment Judge Woffenden 21/02/2019 . Case Numbers:1304991/2018 1305434/2018 1304636/2018 Case No:1305434/2018 6.8 Judgment on Withdrawal rule 52 EMPLOYMENT TRIBUNALS Claimant: Mr D Buck Respondent: Famous Websites t/a oktogon bar