C Pillai v Dosa n Chutney: 2301096/2023
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. ___________________ Employment Judge Martin Date: 31 May 2023 Case No: 2301096/2023 EMPLOYMENT TRIBUNALS Claimant: Mr C Pillai Respondent: Dosa n Chutney Limited Heard at: London South (by video) On: 5 October 2023 Before: Employment Judge Bradford Representation Claimant: Mr R Thampi (Lay Representative) Respondent: In Person[1]The complaints in respect of holiday pay and arrears of pay were not presented within the applicable time limit in accordance with s23 Employment Rights Act 1996. It was reasonably practicable to do so. The claims are therefore dismissed.[2]The complaint of unfair dismissal is dismissed as the Claimant does not have the requite period of employment, and the complaint was not presented within the applicable time limit.[3]The claim for notice pay was not presented within the applicable time limit. It was reasonably practicable to do so. The claim is therefore dismissed.