Mr L Wareham v KSDW Ltd: 1403369/2018
JUDGMENT
The complaint that the Claimant was unfairly dismissed is struck out. The complaints of wages due, failure to provide a contract of employment and failure to provide pay slips succeed as the Respondent has not presented a response to the claims. The case remains listed for a Hearing to determine remedy. The time allocated to determine remedy is reduced from two days to 3 hours. The Remedy Hearing will take place on 17 June 2019 at Southampton Magistrates’ Court, 100 The Avenue, Southampton, SO17 1 EY at 10:00am.REASONS
[1]The claimant complains of unfair dismissal.[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.[7]The Respondent has not presented a response to the claims of wages due, failure to provide a contract of employment and failure to provide pay slips. Remedy will be determined at a 3 hour Remedy Hearing on 17 June 2019. ________________________ Employment Judge Harper Date: 29th October 2018