Mr S McNulty v APT Security Shutters Ltd: 2408729/2020

EMPLOYMENT TRIBUNALS

Case No 2408729/2020

Between

Mr S McNultyClaimant

Apt Security Shutters LtdRespondent

Before

Employment Judge McDonald

In person for claimant

Date 13 May 2021

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 McDonald Date: 24 September 2020 Case No: 2408729/2020 1.18 UDL – length of service - strike out judgment -.part claim The claim is well-founded and it is upheld.

[2]The respondent is ordered to pay to the claimant the sum of £3,120.00 gross, being unpaid wages unlawfully deducted from wages contrary to Part 2 of the Employment Rights Act 1996.

[3]The respondent is further ordered to pay to the claimant 5 days statutory guarantee payments in the total sum of £150.00 due the claimant under Part 3 of the Employment Rights Act 1996. _____________________________ Judge Brian Doyle Date: 13 May 2021 Case Number: 2408729/2020 (V) 2