Mr M Shwe v Alpha Dean Ltd: 2600490/2022
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 Victoria Butler Date: 9 March 2022 Case No: 2600490/2022 10.7 Judgment with reasons – rule 62 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mr M Shwe Respondent: Alpha Dean Ltd (in Creditors Voluntary Liquidation) Heard at: Midlands East Employment Tribunal (via CVP) On: 2nd May 2024 Before: Employment Judge Singh Ms H Andrews Ms J Rawlins Representation Claimant: In-person Respondent: No attendance[1]The Claimant’s claims for direct race discrimination are not wellfounded and are dismissed[2]The Claimant’s claims for harassment on the grounds of race are notwell founded and are dismissed.[3]The Claimant’s claims for notice pay is well-founded. The Claimant is awarded the sum of £615.38 in respect of this claim.[4]The Claimant’s claim for unlawful deduction from wages, in respect of unpaid holiday pay is well-founded. The Claimant is awarded £1008 in respect of this claim. Case No: 2600490/2022 10.7 Judgment with reasons – rule 62 March 2017