Mrs J Cork v A Holmes: 2407902/2022
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. Employment Judge Howard Date: 21st November 2022[1]The name of the respondent is amended by consent to Alan Holmes t/a Art Services.[2]The claimant's claim for unlawful deduction from wages pursuant to section 13 Employment Rights Act 1996 with regard to unpaid notice pay for the period 3 June 2022 to 17 June 2022 succeeds.[3]The respondent will pay the claimant the sum of £565.61 within 28 days of the date of this Judgment (two weeks’ net pay of £807.98 less three days’ overtaken holiday of £242.37).