Miss N Ellender v DN Bar Groups Ltd: 1803251/2023
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.[1]The claimant’s complaints of unpaid wages, unpaid notice pay and outstanding holiday pay are well-founded.[2]The respondent is ordered to pay to the claimant the amounts of £1,562.25 gross for unpaid wages, £1,041.50 gross for unpaid notice pay and £720 75 gross for unpaid holiday pay. The respondent is entitled to deduct and account to the relevant authorities the appropriate sums for tax and National Insurance contributions. The hearing on 19 October 2023 is cancelled.