Miss Y E Willington v Jevids Care Ltd: 2403628/2024
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. Although the claimant provided some reasons as to why she objected to her unfair dismissal claim being struck out these were not reasons that are acceptable reasons for not doing so. The Employment Rights Act 1996 is clear in terms of who is afforded protection against unfair dismissal, and in the ordinary case, this requires 2 years’ service.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. Employment Judge M Butler Date: 15 October 2024[1]The correct name of the respondent is Jevids Services Limited.[2]By Agreement the respondent is ordered to pay to the claimant the sum of £1000 (one thousand pound) damages with £500 (five hundred pounds) paid by Mrs Sodimu no later than 28 February 2025 and £500 (five hundred pounds) paid by Mrs Sodmiu no later than 28 March 2025.[3]The claimant’s damages claims of unlawful deduction of wages, wrongful dismissal (notice pay), unpaid accrued holiday pay and failure to provide a statement of terms and conditions of employment in accordance with section 1 of the Employment Rights Act 1996 will be dismissed on withdrawal by the claimant on the 4 April 2025 if no application is made by the claimant to re-list her claims for a final hearing. Case Number: 2403628/2024 20.1.2025