Mr J Esteller Dura v Acorn P&D Ltd and Creamstp. Creams British Luxury: 1805335/2018
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 not affected by this judgment.[7]The Claimant’s remaining claims will proceed as listed on the 25 June 2018 with an increased time estimate of 2 hours. Employment Judge Davies Date: 12/06/2018 Case: 1805335/2018 1 EMPLOYMENT TRIBUNALS Claimant: Mr J Esteller Dura Respondents:(1) Acorn P&D Limited(2) Creamstp.Creams British Luxury Heard at: Leeds On: 25th June 2018 Before: Employment Judge Lancaster Representation Claimant: In person (through an interpreter) Respondents: Did not attend (appearance entered in name of First Respondent only)[8]The total compensation to be paid by the First Respondent to the Claimant is therefore £4,911.47 Case: 1805335/2018 2[9]The claim in the alternative against the Second Respondent is dismissed, Creams British Luxury Limited having in any event been dissolved on 1st May 2018 Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a written request is presented by either party within 14 days of the sending of this written record of the decision.