Mr C Clempner v One Legal Services: 2410325/2018

EMPLOYMENT TRIBUNALS
Case No 2410325/2018
Mr C ClempnerClaimantOne Legal ServicesRespondent
Employment Judge SherrattDate 31 May 2019

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 any 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 Sherratt 31 May 2018[1]The respondent discriminated against the claimant by dismissing him on 15 January 2018 contrary to section 15 of the Equality Act 2010.[2]The respondent discriminated against the claimant by sending an email to all the staff of the respondent on 19 April 2018 as an act of harassment contrary to section 26 of the Equality Act 2010.[3]The respondent is ordered to pay the claimant the sum of £2,582.27 representing loss of earnings following his dismissal.[4]The respondent is ordered to pay the claimant interest on those losses in the sum of £124.80. Interest is calculated at the rate of 8% and awarded for the period between 22 July 2018 and 30 May 2019.[5]The respondent is ordered to pay to the claimant the sum of £8,500 as compensation for injury to feelings. Case No. 2410325/2018 2[6]The respondent is ordered to pay to the claimant interest in the sum of £911.10 on that sum of compensation. The interest is calculated at the rate of 8% per annum from 15 January 2018 to 30 May 2019.[7]The total compensation to be paid by the respondent to the claimant is £12,138.20. _