Mrs K Howe v J McFarlane: 1403894/2021

EMPLOYMENT TRIBUNALS
Case No 1403894/2021
Mrs K HoweClaimantJULIAN MCFARLANERespondent
Employment Judge CadneyDate 20 September 2022

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. _____________________________ Employment Judge Cadney Date: 17th May 2022[1]The claim was issued in the Bristol Employment Tribunals on the 5th of October 2021. The Second 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 Second Respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £684.41 gross.