Mr A Trifu v Kataka Coffee Shop and Saleh Deraa: 2204834/2019
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 Brown Date: 8 January 2020[1]The respondents have failed to file ET3 Grounds of Resistance in this case.[2]Having considered the ET1, EJ Wade has decided that a determination of the claim can properly be made without a hearing.[3]The Judgment of the Tribunal, made under rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, is that the respondent has unlawfully failed to pay wages to the claimant.[4]The tribunal orders the respondents to pay him wages of £87.50 gross and to account to HMRC for any tax and NI due.[5]Note that the first respondent does not appear as a limited company at Companies House and may be the trading name of the second respondent