Mr D Byrne v Night Owl Group Ltd (C Smith): 1801636/2022

EMPLOYMENT TRIBUNALS
Case No 1801636/2022
Mr D ByrneClaimantNight Owl Group Limited (Callum Smith)Respondent
Employment Judge JM WadeDate 11 May 2022

JUDGMENT

The complaint that the claimant was unfairly dismissed is struck out.

REASONS

[1]The claimant complains of unfair dismissal.[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 determined in a Rule 21 Judgment. Case No: 1801636/2022 EMPLOYMENT TRIBUNALS Claimant: Mr D Byrne Respondent: Night Owl Group Limited Introduction The claim has been sent to the claimant’s last place of work. I direct that this judgment also be sent for information to the respondent’s registered office also. No response has been presented by the return date. Today I have struck out the unfair dismissal claim for want of service. There is sufficient information on the file for me to give Judgment in the remaining claims. RULE 21 JUDGMENT The claimant’s complaints of unlawful deductions from wages/breach of contract succeed and the respondent shall pay to him the gross sum of: Total : 2514.58