Mr J Dias v DOUGH&co Swindon Ltd: 1403720/2022
JUDGMENT
The complaint that the Claimant was unfairly dismissed is struck out. The remaining claims of unpaid holiday entitlement, and wages will still proceed.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. ____________________________ Employment Judge Cadney Date: 30th December 2022[1]The claim was issued in the Bristol Employment Tribunals on 23 November 2022. 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 £2,666.64 gross.[3]The Respondent has failed to pay the Claimant’s holiday entitlement and must pay the Claimant £933.32 gross.[4]The Respondent must pay the Claimant £3,599.96 in total.[5]No award has been made in respect of the Claimant’s alleged notice pay claim as it was not a claim included within the Claim Form.