Mr P Smith v DK Tuning Ltd: 1308927/2019
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 18 March 2020 Case Number: 1308927.19 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 Mr P Smith DK Tuning Ltd AND[1]The claimant’s claim of wrongful dismissal (unpaid notice pay) fails and is dismissed.[2]By consent the claimant’s claim for unpaid holiday pay on termination of employment is dismissed on withdrawal.