Miss H Brookes v Atkins Leisure Ltd: 1305968/2018
JUDGMENT
[1]By consent, the claimant’s claims for:(1) breach of contract over failure to give notice or payment in lieu thereof,(2) failure to pay holiday pay,(3) failure to provide pays slips,(4) failure to provide written reasons for dismissal, and(5) unlawful deduction from wages by not paying SSP are all dismissed upon withdrawal by the claimant. JUDGMENT[2]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.