Mr A Wisniowski v MacDonald Old England Hotel and Spa: 2409433/2020
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 Dunlop Date: 12 April 2021[1]This has been a remote hearing which has been consented to by the parties. The hearing took place by video conference using the Tribunal’s CVP video platform. A face to face hearing was not held because it was not practicable due to Covid-19 restrictions and no-one requested the same.[2]The claimant’s claim for notice pay is dismissed on withdrawal.[3]The claimant’s claim of unauthorised deduction from wages and/or breach of contract is not well-founded and is therefore dismissed.