Mr JP Blenkinship v Mr CJ Seage T/a Belvoir Landscaping: 2600058/2018
JUDGMENT
The claim 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 these proceedings.[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 claim is struck out.[7]The claims for notice pay, wages and holiday will proceed to a hearing. _____________________________ Employment Judge Macmillan Date: 11th April 2018 Case no: 2600058/2018 1.17 UDL – length of service - strike out judgment – whole claim[1]The name of the Respondent is amended to Mr CJ Seage T/A Belvoir Landscaping.[2]The Claim that the Respondent has made an unauthorised deduction from the Claimant’s wages is withdrawn and dismissed.[3]The Claim that the Respondent has failed to pay the Claimant’s holiday entitlement is withdrawn and dismissed.[4]The Claimant was dismissed in breach of contract in respect of notice and the Respondent is ordered to pay damages to the Claimant in the sum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 £330.00.[5]The Respondent has failed to provide the Claimant with a statement of initial particulars of employment and is ordered to pay the Claimant the sum of £660.00.