Mrs K Dudley v SS Retail NH Ltd: 2600195/2024
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 Victoria Butler Date: 23 September 2024[1]The Claimant complains of an unauthorised deduction of wages contrary to section 13 of the Employment Rights Act 1996.[2]Subject to section 23(4) of the Employment Rights Act 1996, section 23(2) of the Employment Rights Act 1996 precludes the Tribunal from considering a complaint for an unauthorised deduction of wages unless it is presented before the end of the period of three months (subject to any extension of time to facilitate conciliation) beginning with the date of payment of wages from which the deduction was made.[3]It was reasonably practicable for the Claimant to present her claim within the time limit prescribed in section 23(2) of the Employment Rights Act 1996.[4]The Tribunal has no jurisdiction to consider the claim as it was presented out of time, and it is therefore dismissed. Case No. 2600195/2024 2 S.Muzaffer