Mr D Cavasdan v Warner Dickson Pub Co Ltd: 1401326/2019
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 this 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. _____________________________ Regional Employment Judge Pirani 10 May 2019[1]The claimant was discriminated against on the grounds of his race; and[2]The claimant’s claim for breach of contract succeeds; and[3]The appropriate remedy will be determined at a hearing notice of which will be sent to parties in due course.[4]The case management preliminary hearing by telephone listed on 10 September 2019 is cancelled. ________________________ Employment Judge N J Roper Dated: 29th May 2019 Case Number: 1401326/2019 EMPLOYMENT TRIBUNALS Claimant Respondent Mr Dragos Cavasdan V Warner Dickson Pub Co Ltd Heard at: Southampton On: 8 August 2019 Before: Employment Judge Rayner Appearances For the Claimant: In person For the Respondent: No appearance[1]The Claimant is awarded the following compensation for Discrimination on grounds of race and for breach of contract:1.1 Compensation for loss of earnings from the date of termination (15 February 2019) until the date of the start of new employment (15 March 2019) £1024.001.2 Compensation for continuing loss for a period of 2 months at rate of £150.00 per month £300.001.3 Compensation for non-payment of past wages (breach of contract) £192.001.4 Injury to feeling award £1500.00[2]The total award payable by the Respondent to the Claimant is £3016.00.[3]Oral reasons having been given at hearing no further reasons will be provided unless requested by either party within 14 days of the date this order is sent out to the parties.