Miss D Smith v Clear Box Premises: 1307015/2019

EMPLOYMENT TRIBUNALS
Case No 1307015/2019
Miss D SmithClaimantClear Box PremisesRespondent
Employment Judge MonkIn person for claimantMr Taylor (Director (instructed by respondent)) for respondentDate 3 August 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.[7]The claimant’s other complaints are not affected by this judgment. _____________________________ Regional Employment Judge Monk Date: 31 MARCH 2020 Case No: 1307015/2019 EMPLOYMENT TRIBUNALS Claimant: Miss D Smith Respondent: Clear Box Premises Limited Heard at: Birmingham Employment Tribunal On: 12 June 2020 Before: Employment Judge Mark Butler Representation Claimant: In person Respondent: Mr Taylor (Director of respondent)[1]The claim brought for £1500 compensation for stress has been dismissed on withdrawal.[2]This does not impact upon any other claims in this case. Therefore, the claims relating SSP, holiday pay and notice pay remain live issues in this case.