Mrs C Lake v Victoria Homecare Ltd: 1802745/2020
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. Regional Employment Judge Robertson Date: 30 July 2020[1]The claims brought by the claimant of unfair dismissal and breach of contract in respect of notice pay are not well founded and are dismissed.[2]The claim of outstanding holiday pay succeeds and the respondent is ordered to pay the claimant the sum of £34.61. This is a gross sum and the claimant is responsible for the payment of any tax and national insurance thereon.