Mr J Boulger v Auxilium Developments Ltd: 2407125/2023
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. Therefore, the claimant is not entitled to bring such a complaint.[4]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. Accordingly, the complaint of unfair dismissal is struck out.[5]The claimant’s other complaints are not affected by this judgment.[1]By a letter dated 21 July 2023, the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim for a redundancy payment should not be struck out because• the claimant has insufficient service with the respondent to bring such a claim, so the Tribunal does not have jurisdiction to hear it.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The claim is therefore struck out.[3]The claimant’s other claims are not affected by this judgment.[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £2340.00.[2]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £351.00.