Mrs C Starvella v AVA-V Ltd: 2401176/2024
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. ____________________________ Employment Judge Aspinall Date: 22 March 2024[1]The complaint of breach of contract in relation to notice pay is well-founded. The respondent is ordered to pay to the claimant £2,019.21 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay;[2]The complaint in respect of holiday pay is well-founded. The respondent failed to pay the claimant for accrued untaken holidays at the termination of their employment. The respondent is ordered to pay the claimant £605.74 gross. The claimant is responsible for paying any tax or National Insurance.