Miss S Tollett v D Laroche: 2500191/2022
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 Sweeney Date: 25 April 2022 Case No:2500191/2022 EMPLOYMENT TRIBUNALS Claimant: Miss S Tollett Respondent: Donald Laroche Heard at: Newcastle CFCTC by video On: 23 June 2022 Before: Employment Judge Fitzpatrick Representation: Claimant: No attendance Respondent: No attendance[1]The claim for payment in lieu of holiday pursuant to Regulation 14 of the Working Time Regulations 1998 is well-founded. The Respondent is ordered to pay the Claimant £2,306.25. This is a gross payment and the Claimant shall be liable to the Inland Revenue for any tax and national insurance thereon.[2]The claim for notice pay is not well-founded and is dismissed.[3]The claim for breach of contract in respect of failure to reimburse payments incurred by the Claimant is not well-founded and is dismissed. Employment Judge Fitzpatrick Date: 23 June 2022 Case No:2500191/2022 Note: This was scheduled to be a remote hearing which was not objected to by the parties. The form of remote hearing was video. A face to face hearing was not held because it was not practicable, no-one requested the same and all the issues could be determined in a remote hearing. Note: Written reasons will not be provided unless a written request is presented by either party within 14 days of the sending of this written record of the decision.