Mr J Melia v Hextransforma Healthcare Ltd: 1401110/2021
JUDGMENT
The complaint that the Claimant was unfairly dismissed is struck out. The claim for breach of contract will proceed to a hearing.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 Siddall ______________________________________ Date 19 August 2021. Case Number: 1401110/2021 Page 2 of 2 November 2017 Case No: 1401110.2021 10.2 Judgment - rule 61 February 2018 EMPLOYMENT TRIBUNALS Claimant: Mr Joseph Melia Respondent: Hextransforma Healthcare Ltd Heard at: Croydon by cloud video platform On: 26 April 2022 Before: Employment Judge Nash Representation: Claimant: In person Respondent: Mr Bressard, Director[1]The Respondent breached the Claimant’s contract by failing to pay the correct notice pay.[2]The Respondent shall pay the Claimant the shortfall in notice pay, being one month’s pay less the sum already paid.[3]By consent the sum due from the Respondent to the Claimant under this Judgment is £1,595.42. This sum is net of statutory deductions.