Mr B Lacitignola v Minori Restaurant Ltd (in creditors’ voluntary liquidation): 2405553/2018
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. Regional Employment Judge Parkin Date: 26 October 2018[1]The claimant's claim for unlawful deduction from wages is well-founded and I order the respondent to pay the claimant three days’ gross pay in the sum of £156.[2]The claimant's claim for accrued but untaken holidays on the termination of employment is well-founded and I order the respondent to pay the claimant 32 days’ pay for the period 25 September 2016 to 15 February 2018 (£52 gross daily pay x 29 days = £1,508).[3]The total sum payable by the respondent to the claimant within 14 days of the date of this Judgment is £1,664.