Mr T Pickin v Wilmslow Kitchen Interiors Ltd: 2402605/2020
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. Employment Judge Phil Allen Date: 17 April 2020[1]The Respondent was in breach of contract by dismissing the Claimant without giving him four weeks’ contractual notice and is ordered to pay the Claimant damages in the gross sum of £1,660.00 subject to such deductions as it is required to make for tax and national insurance. [The gross sum of £1,660.00 comprises four weeks’ notice pay of £3,060.00 less £1,400 being two weeks’ gross earnings from the Claimant’s new employment].[2]The Respondent was in breach of contract by not paying the Claimant his expenses in the sum of £96.00. The Respondent is accordingly ordered to pay the Claimant this sum.[3]The Claimant’s complaint that there was an unauthorised deduction from his wages is not well-founded.