Mr X Jin v Wasabi Co Ltd: 2304198/2023
JUDGMENT
The decision of the tribunal is that the complaint that the Claimant was unfairly dismissed is struck outREASONS
[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.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment and can proceed to hearing on 1 October 2024. Case Number: 2304198/23 THE EMPLOYMENT TRIBUNAL BETWEEN Claimant and Respondent Mr Xianzhe Jin Wasabi Co Ltd STRIKE OUT JUDGMENT The claim that the Claimant was subjected to a detriment for making protected disclosures is struck out as the Claimant has not paid the deposit ordered by the tribunal and sent to the parties on 16 October 2024.[1]The claim that the Claimant was subjected to a detriment for making protected disclosures is struck out as the Claimant has not paid the deposit ordered by the tribunal and sent to the parties on 16 October 2024.[2]In so far as the Claimant also brought claims for a failure to allow him to take paid annual leave and breach of contract, those claims are dismissed upon withdrawal.