Miss C Wills v Saj Patel: 2406081/2019

EMPLOYMENT TRIBUNALS
Case No 2406081/2019
Miss C WillsClaimantSaj PatelRespondent
Employment Judge HolmesDate 13 August 2019

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 by letter of 9 July 2019, 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 Holmes Date: 31 July 2019 1.18 UDL – length of service - strike out judgment -.part claim Case No: 2406081/2019[1]The claimant’s claim for unlawful deduction of wages is well-founded and the respondent is ordered to pay to the claimant in the sum of £616.22 less lawful deductions of tax and national insurance.[2]The claimant’s claim for unpaid accrued holiday pay is well-founded and the respondent is ordered to pay to the claimant unpaid accrued holiday pay in the sum of £438.48 less lawful deductions of tax and national insurance. 13.8.19