Miss Creamer v Circlehrm Technologies (UK) Ltd: 2600375/2024
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 Ahmed Date: 21 March 2024[1]The correct Respondent in this matter is Dough & Co Daventry Limited which was the Claimant’s employer. CircleHRM Technologies Limited is therefore substituted with Dough & Co Daventry Limited.[2]The Respondent is ordered to pay the Claimant the following amounts based on her gross weekly pay of £1,298.10 (daily pay rate £259.62) less payments received from the Redundancy Payments Service (“RPS”):(i) Arrears of pay for the period 1 November 2023 – 26 November 2023: £4,673.16 (gross) less £2,296.43 (gross) received from the RPS(ii) Notice pay – 27 November 2023 – 4 December 2023: £1,298.10 (gross) less £826.71 (gross) received from the RPS(iii) Holiday pay – 2.58 days: £669.82 (gross) less £328.85 (gross) received from the RPS CASE NO: 2600375/2024 2