Mr J McCarton v Gerrards of Swinton Ltd: 2414871/2018
JUDGMENT
The complaint of age discrimination is struck out.REASONS
[1]By a letter dated 21 November 2018 the Tribunal gave the claimant an opportunity to make representations as to why the complaint of age discrimination should not be struck out because it has not been actively pursued.[2]The claimant has failed to make any representations as to why this should not be done and has not requested a hearing. The complaint of age discrimination is therefore struck out.[3]The claimant’s remaining claims will be considered in due course. Employment Judge Sherratt 10/12/18 The claimant complains of unfair dismissal.[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. Regional Employment Judge Parkin Date: 14 December 2018[1]The claimant’s claims for damages for breach of contract and wrongful dismissal together with his claim for unlawful deduction of wages succeed and the respondent shall pay to the claimant forthwith the sum of £4,220. The payment should be made gross to the claimant.[2]The details of the sum due are set out in the Schedule below. SCHEDULE Unpaid wages for 17 shifts £1,700.00 Notice pay £2,000.00 Holiday pay £ 200.00 Expenses incurred £200.00 Advice given by a Solicitor £ 120.00 TOTAL £4,220.00 Case No. 2414871/18 2