Miss A Mcgowan v B Hunt: 1401258/2022
JUDGMENT
The complaint of Unfair Dismissal 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 following the letter from the Tribunal dated 22 June 2022, 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 Cadney Date: 04 July 2022[1]The Respondent’s title is amended, by consent, to Hunt Holdings London Limited.[2]The Respondent made unlawful deductions from the Claimant’s wages and pension contributions and failed to pay contractual pay in lieu of notice, in the total sum of £4724.00 (taking into account deduction of £123 for 1.5 day’s leave taken in excess of entitlement).[3]The Respondent is therefore ordered to pay the Claimant £4724.00.[4]The Claimant’s claims of arrears of holiday pay, cost of removal of personal items and debts incurred fail and are dismissed. Case No. 1401258/2022 2[5]The Respondent’s contractual counterclaim fails and is dismissed.