Miss J Stephens v DB Terra Ltd: 1400584/2020
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. The claimant’s other complaints are not affected by this judgment. Employment Judge Gray Date: 20 February 2020 Judgment Sent to the Parties: 28 February 2020 FOR THE TRIBUNAL OFFICE Case Number: 1400584/2020 1 EMPLOYMENT TRIBUNALS Claimant Respondent v Miss Julie Stephens DB Terra LTD Heard at: Southampton On: 12 July 2020 Before: Employment Judge Rayner Appearances For the Claimant: In Person For the Respondent: Mrs Kwong, Owner Judgment[1]The hearing was conducted by the parties attending by video conference (CVP). It was held in public with the Judge sitting in open court in accordance with the Employment Tribunal Rules. It was conducted in that manner because a face to face hearing was not possible in light of the restrictions imposed by the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No.[2]Regulations 2020 2. The Claimant is entitled to holiday pay accrued but unpaid at termination of employment in respect of 13.3 days holiday, of £747.68 net[3]The claimant is entitled to unpaid wages for the month of February 2019 of £1031.41 net.[4]The Claimant is entitled to pay in lieu of I months’ notice of £1110.68 net.[5]The respondent will now pay to the claimant the total sum of £ 2889.77.