Mr J Piper v Tyler Colin Anthony Ltd: 1600773/2024
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 R Harfield Date: 2 July 2024[1]The Claimant’s claim for breach of contract is well-founded and upheld. The Respondent is ordered to pay to the Claimant the sum of £551.00.[2]The Claimant’s claim for holiday pay under the Working Time Regulations 1998 is well-founded and is upheld. The Respondent is ordered to pay to the Second Claimant the sum of £1,686.94.[3]The Respondent is ordered to pay the Claimant £1,002.00 (calculated as two weeks’ pay) as compensation for not providing written particulars of employment as prescribed by section 1 Employment rights Act 1996.[4]The sums at paras 1 to 3 are the gross sums and total £3,239.94. This judgment is made on the basis that the Claimant receives gross payments before national insurance and tax are deducted. The Second Claimant must account to Her Majesty’s Revenue and Customs (‘HMRC’) for any tax which is payable once his judgment is satisfied by the Respondent. Case No: 1600773/2024 2 Signed by