Mr J Oghide v Rainbow Care Solutions Ltd: 1306739/2019
EMPLOYMENT TRIBUNALS
Case No 1306739/2019
Between
Mr J OghideClaimantRainbow Care Solutions LtdRespondent
Before
Employment Judge Perry
Members
Ms J WhitehillIn person for claimantDate 9 June 2021
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 Perry Date: 26 November 2019 Case Number: 1306739/2019 1 of 1 EMPLOYMENT TRIBUNALS Claimant: Mr Joel Oghide Respondent: Rainbow Care Solutions Ltd Heard at: Birmingham On: 20 January 2020 Before: Employment Judge Coghlin QC (sitting alone) Appearances For the claimant: In person For the respondent: Mr C Johnson, consultant[1]The claimant’s complaints of direct race and sex discrimination under sections 13 and 39 Equality Act 2010 fail and are dismissed.[2]The claimant’s claim of unauthorised deduction from wages (mileage allowance) is well founded.[3]The parties will be notified of a remedy hearing to be listed no earlier than 28 days from the date the judgment is sent to the parties.[4]The claimant’s claim of unauthorised deduction from wages (overtime) is not well founded and fails.