Mr T Sammarco v Hasan Jamal Ltd: 2308248/2020
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.[7]The hearing at 10:00am on 7 October 2021 will proceed in order to determine the claimant’s complaint in respect of unpaid wages. The time estimate is reduced to one hour. Employment Judge Ferguson Date: 21 July 2021 Case Number: 2308248/2020 THE EMPLOYMENT TRIBUNAL Claimant: Mr T. Sammarco Respondent: Hasan Jamal Ltd Heard at: London South Employment Tribunal On: 7 October 2021 Before: Employment Judge A. Beale Representation Claimant: In person Respondent: Not in attendance[1]The Respondent made unauthorised deductions from wages and acted in breach of contract by failing to pay the Claimant in respect of the 89 hours he worked for the Respondent during the course of his employment in October 2020.[2]The Respondent is ordered to pay to the Claimant the gross sum of £801, that being the sum deducted, or alternatively being damages for that breach.