Mr K Kastrinakis v Ocean Lounge: 2303154/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the London South Employment Tribunals on 06 September 2022. The respondent has failed to present a valid response on time. Employment Judge Khalil 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 respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £605.00 gross.[3]The respondent must pay the claimant £605.00 in total.[4]The claimant complains of unfair dismissal. 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 with some exceptions, none of which apply here.[5]The claimant was employed by the respondent for less than two years.[6]Therefore, the claimant is not entitled to bring such a complaint.[7]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.[8]Accordingly, the complaint of unfair dismissal is struck out.