Mr J Coates v GK Motors Ltd: 2600406/2022
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 Adkinson Date:23.2.2022 Case number: 2600406/2022 1 EMPLOYMENT TRIBUNALS Claimant Mr J Coates First Respondent: GK Motors Limited Heard at: Nottingham Employment Tribunal (remote via CVP) On: 20 July 2022 Before: Employment Judge K Welch (sitting alone) Representation Claimant: In person Respondent: Mr G Kupinskyj, Director of Respondent[1]The Claimant’s claims of breach of contract (notice pay) is not well founded and fails.[2]The claimant’s claims for unlawful deductions from wages and holiday pay are successful and succeed.[3]The respondent is ordered to pay the claimant the total gross sum of £1,268.65 made up as follows:a. The sum of £115.38 for holiday pay;b. The sum of £92.30 for unpaid wages for 1 and 2 December 2021; andc. The sum of £1,060.97 for unpaid commission.