Mr W McCorkindale v Mitie: 2420061/2020
JUDGMENT
The complaint of unfair dismissal is struck out.REASONS
[1]By a letter dated 22 February 2021 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint of unfair dismissal should not be struck out because: The Claimant complains of unfair dismissal and s. 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years’ service to make an unfair dismissal complaint; The Claimant was employed by the Respondent for less than two years. The Claimant is therefore not entitled to bring such a complaint[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing, despite having been given the opportunity to do so.[3]Accordingly, the complaint of unfair dismissal is therefore struck out. Employment Judge J Bax Date: 23 April 2021 Judgment sent to the parties: 27 April 2021 FOR THE TRIBUNAL OFFICE Case Number: 242 0061/2020 1 EMPLOYMENT TRIBUNALS Claimant Respondent Mr W McCorkindale v Mitie limited Judgment Heard at: Southampton On: 29 October 2021 Before: Employment Judge Rayner Appearances For the Claimant: Mrs McCorkindale, the claimant’s husband For the Respondent: Mr I Ahmed, counsel[1]The claimants claim for unauthorised deductions from wages is dismissed.[2]The claimant was entitled to be paid one weeks notice pay. The respondent will pay the claimant the sum of £420.00 gross in respect of notice pay.[3]The claimants claim in respect of any other payments are dismissed.