Mrs A Pochlaniak v Morecambe Bay Wines Ltd: 2403502/2022
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. 08 September 2022 Employment Judge Mark Butler[1]The respondent has made an unlawful deduction from the claimant’s wages and is ordered to pay to the claimant the total sum of £1,339.64 gross.[2]The above sum is the pay due for the period 1 February to 25 February 2022 (£2,146.55), minus the pay for annual leave taken in excess of the accrued leave entitlement (£806.91). _____________________________ Tribunal Judge Jane Callan sitting In the Employment Tribunal as an