Miss C Owen v Oceans Edge Restaurant Ltd: 1600045/2023

EMPLOYMENT TRIBUNALS
Case No 1600045/2023
Miss C OwenClaimantOceans Edge Restaurant LimitedRespondent
Employment Judge R BraceIn person for claimantMr. Rushton (instructed by Counsel) for respondentDate 5 June 2023

JUDGMENT

The complaint of unfair dismissal 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 R Brace Date 21 April 2023[1]The judgment of the Tribunal, by concession, is that the respondent made unauthorised deductions form the claimant’s wages and it shall pay to her £339.85 (subject to statutory deductions) in respect thereof. All further claims of similar deductions are fail and are dismissed.[2]The respondent’s application for a Costs Order is refused.