Mr BC Hawes v Elite Beds And Mattresses Direct Ltd: 1403050/2018
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.[7]The hearing listed on 30 and 31 January 2019 will now take place on 30 January 2019 only and is reduced to 3 hours. Regional Employment Judge Pirani 25 September 2018[1]The Claimant’s claims of unpaid holiday pay and in respect of the Respondent’s failure to provide written terms of employment succeed in default of a response under rule 21.[2]The Claimant is entitled to the following compensation;(a) £864 under regulation 30 of the Working Time Regulations 1998;(b) £720 under s. 38 of the Employment Act 2002; A total of £1,584.