Miss A Naughton v B J Masters and Masters Comms Ltd: 2600120/2024
JUDGMENT
The claim of unfair dismissal 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, unless one of the exceptions to the requirement for qualifying service applies.[3]The claimant was employed by the respondent for less than two years. The tribunal wrote to the claimant on 24 January 2024 with a warning that the claim would be struck out for lack of jurisdiction unless the claimant made written representations as to why that should not happen.[4]The Claimant did write to the tribunal on 29 January 2024 but the content of that correspondence did not address the substance of the strike out warning. The claimant has therefore failed to give an acceptable reason why the complaint should not be struck out.[5]Accordingly, the claim of unfair dismissal is struck out. The other claims are not affected by this judgment and will proceed to a hearing on 7 June 2024. Sl 1.17 Employment Judge Clark Date: 2 February 2024[1]The claims against the first respondent are dismissed.[2]The claim was issued in the Midlands East Employment Tribunals on 15 January 2024. The respondents have failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[3]The second respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £5,788.44 gross.[4]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £1,846.14.[5]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £1,984.61.[6]The respondent must pay the claimant £9,619.19 in total.[7]The hearing listed on Hearing Date is cancelled.