Miss K Hegedus v Famtas Trading Ltd T/a Bean Bar: 2300918/2023
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 claim was issued in the London South Employment Tribunals on 25 February 2023. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The claimant was dismissed in breach of contract in respect of notice and therespondent must pay damages to the claimant of £324.92. This is calculated as follows: the claimant worked for the employer for less than 2 years and statutory notice for less than two years employment is 1 weeks’ notice. She is therefore entitled to £324.92.[3]The respondent must pay the claimant £324.92 in total.