Mr T Bennett v Charlie's Mill c/o M Bear: 1402405/2021
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 Midgley Date: 11 November 2021 Judgment sent to the parties: 26 November 2021 FOR THE TRIBUNAL OFFICE Case Number: 1402405/2021 EMPLOYMENT TRIBUNALS Claimant: Mr T Bennett Respondent: Charlie's Mill c/o Marc Bear[1]By a letter dated 08 October 2021 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because it has not been actively pursued.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The claim is therefore struck out. Employment Judge Roper Date: 10 December 2021 Judgment sent to the parties: 30 December 2021 FOR THE TRIBUNAL OFFICE Case No. 1402405/2021 1 EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent Mr Thomas Bennett AND Charlies Mill Limited[1]The judgment dated 10 December 2021 and sent to the parties on 30 December 2021 which struck out the claimant’s claim because it had not been actively pursued is hereby revoked pursuant to Rule 70 because it is in the interests of justice to do so; and[2]The claimant’s claim for unlawful deduction from wages succeeds and the respondent is ordered to pay the claimant 57.5 hours’ pay in the gross sum of £690.00; and[3]The claimant’s claim for accrued but unpaid holiday pay succeeds, and the respondent is ordered to pay the claimant two days’ pay in the gross sum of £216.00.