J Ward v Greater Manchester Sports Clubs Ltd: 2402035/2024
JUDGMENT
The complaint of unfair dismissal is struck out.REASONS
[1]The claim includes a complaint of unfair dismissal. However, section 108 of the Employment Rights Act 1996 requires a claimant to have not less than 2 years’ service to make an unfair dismissal complaint.[2]The claimant was employed by the respondent for less than 2 years. Therefore, the claimant is not entitled to pursue a complaint of unfair dismissal.[3]In discussion at this preliminary hearing, the claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why this complaint should not be struck out for lack of jurisdiction. Accordingly, the complaint of unfair dismissal is struck out.[4]The claimant’s other complaints, of race discrimination, unpaid wages and commissions, notice pay and holiday pay, shall proceed to final hearing listed on 6-8 August 2025. Case Number: 2402035/2024 _____________________________ Employment Judge Batten Date: 23 October 2024[1]The Claimant was a ‘worker’, engaged by the respondent, from 01 September 2023 until 31 December 2023.[2]The respondent made unauthorised deductions from wages by failing to pay the Claimant the full amount due from 01 September 2023 to 31 December 2023, and is ordered to pay to the Claimant the sum of £10,754.48 being the total gross sum deducted.[3]The Claimant was employed by the respondent from 01 January 2024 until 31 January 2024.[4]The respondent made unauthorised deductions from wages by failing to pay the Claimant the full amount due from 01 January 2024 to 31 January 2024, and is ordered to pay to the Claimant the sum of £4,566.67 being the total gross sum deducted.[5]The Claimant’s claim for race discrimination is not well-founded and is dismissed. Case Number: 2402035/24 2 DATE: 12 December 2025