Mr D Jackson v Auberge Brasserie: 2415245/2020
JUDGMENT
The complaint of unfair dismissal struck out.REASONS
[1]The claim form includes a complaint of unfair dismissal.[2]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years’ continuous employment to make an unfair dismissal complaint. There are limited exceptions listed in section 108(3), but this case does not appear to be one of them.[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 of unfair dismissal should not be struck out.[6]This judgment does not affect the remainder of the claimant’s claim. Employment Judge Horne 4 December 2020 Case No.: 2415245/2020 Code P 2 of 2 SENT TO THE PARTIES ON 15 December 2020 FOR THE TRIBUNAL OFFICE Note: The “Code P” in the heading to this judgment indicates that the judgment was issued without a hearing. Case No:2415245/2020 EMPLOYMENT TRIBUNALS Claimant: Mr D Jackson Respondent: Auberge Brasserie[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £2,961.56.[2]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 sum of £243.08.[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £423.08.