Mr S Podlawski v Lake District Hotels Ltd: 2402405/2019
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 Howard Date: 13th June 2019[1]The first respondent was the claimant’s employer and that the second respondent is a trading name of the first respondent so that the complaint against the second respondent should be dismissed[2]The claimant’s complaints that he did not receive a redundancy payment, notice pay and holiday pay from the respondent are dismissed on withdrawal by the claimant[3]In respect of the complaint that the claimant did not receive all of the wages due from the respondent, having regard to the date on which the wages were actually due for payment, the complaint was submitted within the prescribed period so that the Tribunal does have jurisdiction to hear that complaint[4]The complaint by the claimant that he did not receive all of the wages to which Case Numbers: 2402405/2019 he was entitled from the respondent is not well founded and is dismissed.