Mr T Van Goor Den Oosterl v Paul MacKay: 1402848/2018
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. Regional Employment Judge Pirani Date: 18 October 2018 Judgment sent to the parties on: 19 October 2018 FOR THE TRIBUNAL OFFICE Page 1 of 1 Case No: 1402848/2018 EMPLOYMENT TRIBUNALS Claimant: Mr Thomas Van Goor Den Oosterlingh Respondent: Mr Paul Mackay t/a The Clock Tower Coffee Shop Heard at: Exeter On: 26 April 2019 Before: Employment Judge Fowell Representation: Claimant: In Person Respondent: In Person[1]The claimant suffered unlawful deductions from his wages in the following gross amounts:a. For his first week of work in the sum of £320;b. For his final two days of work at £64 per day in the sum of £128. There were no consequential losses.[3]There was a breach of the claimant’s contract of employment in the following gross amounts:a. One week’s notice pay in the sum of £320;b. Five days’ holiday pay at £64 per day in the sum of £320. The total gross amount owing is therefore £1088.[5]After deduction of tax at 6.22% the net amount which the respondent is ordered to pay to the claimant is £1020.32