Mr J Fuentes v Mr D Knight - Knights Joinery Ltd: 2300042/2022
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 has confirmed he was employed by the respondent for less than two years and did not intend to bring a claim of unfair dismissal.[4]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment.[5]The case remained listed for a final hearing on 13 October 2022. ________________________ Employment Judge Ferguson Date: 28 June 2022 Case No: 2300042/2022 EMPLOYMENT TRIBUNALS Claimant: Mr J Fuentes Respondent: Knights Joinery Ltd Heard at: London South via CVP On: 13th October 2022 Before: Employment Judge D Wright (Sitting Alone) Representation Claimant: In person Respondent: Mr Knights, Company Director.[1]The Claimant’s application to amend the ET1 to include a claim relating to failure to provide written particulars under section 1 Employment Rights Act 1996 is out of time and is dismissed.[2]The Respondent is to pay the Claimant the sum of £2,320 gross of tax, for the unpaid notice period.[3]The Respondent is to pay the Claimant the sum of £1,433.63 net of tax, for the unpaid balance of the December 2021 payslip.[4]The above sums to be paid by 4pm 10 November 2022.[5]The Respondent’s counterclaim for breach of contract is not well founded and is dismissed.