Mr J Lowery v Mint People: 2418312/2020
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 and will proceed to a final hearing. ________________________ Employment Judge McDonald Date: 16 March 2021 Case No: 2418312/2020[1]The respondent has made unauthorised deductions from the claimant's wages and is ordered to pay the claimant the gross sum of £11,105.05.[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 £807.64.[3]The respondent has failed to pay the claimant’s outstanding accrued holiday entitlement at the termination of his employment and is ordered to pay the claimant the gross sum of £3,508.12.[4]The respondent failed to give the claimant a written statement of particulars of employment and is ordered to pay the claimant, pursuant to section 38 of the Employment Act 2002, the sum of £1,615.28.