Mr C Couser v Tradesite (Lancs) Ltd: 2417316/2018

EMPLOYMENT TRIBUNALS
Case No 2417316/2018
Mr C CouserClaimantTradesite (Lancs) LimitedRespondent
Employment Judge PorterDate 19 September 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 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 Porter Date: 11 March 2019[1]The claimant’s claims of unlawful deduction from pay and unpaid accrued holiday pursuant to Part II Employment Rights Act 1996 and Regulation 13 Working Time Regulations 1998 and for breach of contract, being unpaid notice of termination of employment, succeed.[2]The respondent is ordered to pay to the claimant £4,265.99 consisting of the following: Unpaid wages £2,666.00 Holiday pay £984.61 Notice pay £615.38