Mr A W Hubbard v Shaun Standent T/a The Puriton Inn: 1402862/2021
JUDGMENT
The complaint of Constructive 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 a Constructive 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 8th September, why the complaint should not be struck out.[6]Accordingly, the complaint of Constructive dismissal is struck out. The claimant’s other complaints are not affected by this judgment.[1]The claim was issued in the Bristol Employment Tribunals on 15th August 2021. 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 the claimant £8,888.00.[3]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £404.00.[4]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £1,279.00.[5]The respondent must pay the claimant £10,571.00 in total.