Mr A Whitcombe v TMR Contact Services Ltd: 1400254/2019
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.[7]The hearing listed on 29-30 July 2019 is vacated and will not take place. The parties will be sent a new listing in due course. ________________________ Regional Employment Judge Pirani 8 February 2019 Case No: 1400254/2019 4.17 Rule 21 judgment – universal template. 01/01/14 EMPLOYMENT TRIBUNALS Claimant: Mr A Whitcombe Respondent: TMR Contract Services Limited[1]The Respondent has made an unauthorised deduction from the Claimant's wages and is ordered to pay him the gross sum of £1,008.[2]The Claimant was dismissed in breach of contract in respect of expenses and the Respondent is ordered to pay damages to him in the net sum of £300.[3]The Respondent has failed to pay the Claimant’s holiday entitlement and is ordered to pay him the sum of £3,172[4]The basis of the claims in respect of ‘debt’ and ‘compensation’ are not clear. Should the Claimant seek to pursue them, he is to notify the Tribunal within 7 days of this Judgment what the basis of those claims is and how the sums have been calculated failing which they will be treated as having been withdrawn and shall be dismissed.