Mr J Berry v Salus Care Group Leicestershire: 2600844/2021
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 Swann Date: 10/6/2021 Case Number: 2600844/2021 EMPLOYMENT TRIBUNALS Claimant: Mr J Berry Respondent: Salus Care Group Leicestershire Limited[1]By a letter dated 2 August 2022, the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why the response should not be struck out because the respondent had not complied with the Order of the Tribunal dated 6 July.[2]The respondent has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The response is therefore struck out.[3]The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. _____________________________ Employment Judge Ayre Date : 25 August 2022 CASE NO: 2600844/2021 1 EMPLOYMENT TRIBUNALS Claimant: Mr J Berry Respondent: Salus Care Group Leicestershire Limited Heard at: Midlands East by CVP On: 13 December 2022 Before: Employment Judge Victoria Butler (sitting alone)[1]The Claimant’s claim of disability discrimination succeeds.[2]The Respondent is ordered to pay the Claimant the sum of £23,450.33.