Mr S J Harvey v Theodore Global Ltd: 2303782/2024
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. Judge M Aspinall(Sitting as an[1]The claim was issued in the London South Employment Tribunals on 24 April 2024. 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 respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £23,333.34 gross and shortfall in net pay £2,331.56 net.[3]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £22,095.24 net.[4]The respondent must pay the claimant £47,760.74 in total.[5]The claimant must account to HMRC for any sums owed by him in respect of any payment received by him pursuant to this judgment.