Mr S Ucuzcu v Engleburn Care Home: 1401355/2022

EMPLOYMENT TRIBUNALS
Case No 1401355/2022
Mr S UcuzcuClaimantEngleburn Care HomeRespondent
Employment Judge MidgleyDate 27 October 2022

JUDGMENT

The complaint of Unfair Dismissal is struck out.

REASONS

By a letter dated 4th May 2022 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint of Unfair Dismissal should not be struck out because the Claimant lacks continuity of service. Under section 108 of the Employment Rights Act 1996 claimants are not entitled to bring a complaint of unfair dismissal unless they were employed for two years or more except in certain specific circumstances which do not seem to apply in your case. It appears from your claim that you were employed for less than two years. If so, the Tribunal cannot consider your complaint that you were unfairly dismissed. This does not affect the other complaints in your claim form. The complaint of Unfair Dismissal is therefore struck out. _____________________________ Employment Judge Midgley Date 27 June 2022 JUDGMENT SENT TO THE PARTIES ON 06 July 2022 by Miss J Hopes FOR THE TRIBUNAL OFFICE Case Number: 1401355/2022 EMPLOYMENT TRIBUNALS Claimant: Mr S Ucuzcu Respondent: Engleburn Care Home JUDGMENT Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the Southampton Employment Tribunals on 07/07/2022. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The Respondent has made unauthorised deductions from the Claimant’s wages and must pay him the sum of £646.55 gross.[3]The hearing listed on 10/02/2023 is cancelled.