Mr B.J.J.S.K Platt v FDS Recruitment: 2302226/2022 and 2304088/2022
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 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 Ferguson Date: 7 November 2022 Case No. 2302226/2022 and 2304088/2022 1 EMPLOYMENT TRIBUNALS Claimant: Mr B.J.J.S Kieran Respondent: FDS Recruitment Ltd Heard at: Croydon On: 28 March 2023 Before: Employment Judge Barker Representatives For the claimant: in person For the respondent: no attendance[1]£3750 for unpaid wages for April and May 2022. This is for a period of one month;[2]£2250 for 13 days unpaid holiday pay at a daily rate of £173.08; Unpaid commission of £1400; £7500 for unpaid notice pay for two months;[5]£380 for financial losses arising out of the breach of contract and comprising bank charges (£100) and interest payments (£280). The respondent’s counterclaim fails and is dismissed. The respondent did not respond to requests to quantify or evidence the counterclaim in advance and did not attend the hearing. The Tribunal was satisfied that the respondent had received notice of the hearing. Attempts were made to contact the respondent before the start of the hearing but these were unsuccessful. Case No. 2302226/2022 and 2304088/2022 2