Mr D Clark v Vicki Garrett Transport Ltd: 1402996/2020
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 and he is therefore not entitled to bring such a complaint.[4]The Claimant has failed to give an acceptable reason, despite having been given the opportunity to do so, why the complaint should not be struck out and it is therefore struck out.[5]The Claimant’s other complaints are not affected by this judgment. Employment Judge Livesey Date: 21 October 2020 Judgment sent to parties: 12 November 2020 FOR THE TRIBUNAL OFFICE Case Number: 1402996/2020 1 EMPLOYMENT TRIBUNALS BETWEEN Claimant and Respondent Mr D. Clark Vicki Garrett Transport Ltd Held at: Exeter by cvp On: 19 February 2021 Before: Employment Judge Smail Appearances Claimant: In Person Respondent: Ms V Garrett (Director) CONSENT JUDGMENT[1]If the Respondent pays the Claimant £400 within 7 days of the date this Judgment is sent to the parties, the claim will be dismissed upon withdrawal.[2]It is for the Respondent to certify that it has paid the Claimant that amount within that period.[3]Otherwise, if the amount remains outstanding after 7 days, this Judgment shall take effect and the Respondent must pay the Claimant £400 in respect of accrued but unpaid holiday pay forthwith. The Judgment shall then become enforceable through the County Court.