Mr D Murphy v The Beehive Inn: 2408477/2022
JUDGMENT
The claim 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 these proceedings.[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 claim is struck out. _____________________________ Employment Judge Buzzard Date: 2 February 2023[1]The claimant’s claim of unfair dismissal remains struck out.[2]The claimant’s claim for unpaid salary is not struck out and will proceed to a final hearing in due course.[1]The claimant’s claim of unfair dismissal was correctly struck out because the claimant lacked the service needed to make a claim of unfair dismissal.[2]The judgment striking out the claimant’s unfair dismissal claim was unclear in that it could be interpreted as having struck out all claims made. That was not the intention of the judgment.[3]The claimant does not need any minimum length of service to pursue a claim for unpaid wages, and as such his claim in this regard should not be struck out, and will now proceed to a final hearing to be listed in due course. _____________________________ Employment Judge Buzzard Date: 18 April 2023[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the net sum of £1263.05.[2]The hearing listed on 26th July 2023 is cancelled.