Mr J Owen v HSD and Sons Ltd T/a Hensons Haulage: 2411386/2018
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 Shotter Date: 16 November 2018 Case No: 2411386/2018[1]The respondent made unauthorised deductions from the claimant’s wages during the period 3 April to 8 April 2018 in the gross sum of £570, and the respondent shall pay to the claimant the sum of £570 subject only to statutory deductions of tax and national insurance.[2]The respondent dismissed the claimant in breach of contract with regard to notice of termination and shall pay to the claimant the sum of £400 without deduction.[3]The respondent breached the claimant's contract with regard to the payment of expenses and shall pay to the claimant the sum of £170 in respect of accrued expenses.