Mr J Byrne v The Country House Inn: 1400037/2019

EMPLOYMENT TRIBUNALS
Case No 1400037/2019Venue CHAMBERS AT PlymouthHearing 15 April 2019 THE TIME FOR PRESENTING A RESPONSE HAVING EXPIRED AND NO VALID RESPONSE HAVING BEEN PRESENTED JUDGMENT UNDER RULE 21 1. The claimant’s claim for breach of contract succeeds and the respondent is ordered to pay the claimant the net sum of £300.00; and 2. The claimant’s claim for unlawful deduction from wages succeeds and the respondent is ordered to pay the claimant the gross sum of £60.00.
Between
Mr J ByrneClaimantThe Country House InnRespondent
Before
Employment Judge RoperDate 15 April 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 Roper Date: 13 February 2019[1]The claimant’s claim for breach of contract succeeds and the respondent is ordered to pay the claimant the net sum of £300.00; and[2]The claimant’s claim for unlawful deduction from wages succeeds and the respondent is ordered to pay the claimant the gross sum of £60.00.