Mr M Tarantino v Zest Gastronomia Ltd: 2402625/2021
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 Slater Date: 7 July 2021[1]The claimants claim for unauthorised deduction from wages is dismissed upon withdrawal.[2]The respondent was in breach of contract by dismissing the claimant without notice.[3]The respondent is ordered to pay to the claimant the sum of £247.90, being damages for the breach of contract.[4]The respondent failed to provide the claimant with a written contract of employment contrary to s. 1 (1) Employment Rights Act 1996. The Tribunal makes an award of 2 weeks’ pay pursuant to s. 38 (3) Employment Act 2002 in the sum of £578 to be paid by the respondent.