Mr A Marsh v Steel Dynamics Ltd: 2408732/2023
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.[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 Phil Allen Date: 11 December 2023[1]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the gross sum of £10,500. (Gross monthly pay £5,250.00 x 2 months’ outstanding contractual notice pay).[2]The claimant will be responsible for paying tax liabilities arising out of the gross award if they receive the gross figure and tax is not deducted from source.