Mrs S Iordache v Aurora Knight Ltd and S H Ejaz: 2600745/2022

EMPLOYMENT TRIBUNALS
Case No 2600745/2022
Mrs S IordacheClaimant1. Aurora Knight Limited 2. Syed Hassan EjazRespondent
Date 11 May 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.[1]The claim was issued in the [Midlands East] Employment Tribunals on [11 March 2022]. The respondent has 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.[2]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £792 gross.[3]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £1,200 gross.[4]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £8.[5]All future hearings are cancelled. RECONSIDERATION JUDGMENT The application of the second respondent for reconsideration of the judgment against him and which was sent to the parties on 19 May 2022 is rejected. The applications of each respondent that judgments against them be stayed are rejected.