Mr T Gutteridge v Dough&Co Swindon Ltd: 1404220/2022
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 Bax Date: 9 March 2023[1]The claimant claims the right to a redundancy payment.[2]Section 155 of the Employment Rights Act 1996 says that employees do not have the right to a redundancy payment unless they have been employed for two years or more.[3]The claimant was employed by the respondent for less than two years.[4]Therefore, the claimant does not have the right to a redundancy payment.[5]The claimant was given the opportunity to explain why the claim for a redundancy payment should not be struck out but has not given an acceptable reason.[6]Accordingly, the claim for a redundancy payment is struck out. The claimant’s other complaints are not affected by this judgment. ________________________ Employment Judge Bax Date: 9 March 2023[1]The respondent failed to enter a response to the claim.[2]The claims of unpaid annual leave, notice pay, and wages are well founded and succeed.[3]The respondent is ordered to pay the claimant £361.54 as compensation, calculated as follows:a. Unpaid wages £200.25b. Unpaid annual leave £69.04c. Unpaid notice pay £92.25