Miss J Bramhall v S4YC Ltd (David James and Marc Sewell): 2601312/2018
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: 30/8/2018[1]Terms of settlement having been agreed, this case shall stand adjourned until 7th May 2019, a period of 28 days, so as to allow the parties to give effect to the terms agreed. Absent any application within that period from either party to reinstate this case or for any further Order, this case shall stand dismissed upon withdrawal by the Claimant.[2]Both parties have requested that I record, as part of this Judgment, the terms agreed. They are as follows:• The Respondent will pay the Claimant the sum of £1,300 in respect of unpaid holiday pay and commission;• The Respondent will pay the Claimant a further £700 on receipt from her of the property that she admits retaining, namely the company laptop, iPad and other electronic devices. Case No: 2601312/2018 Page 2 of 2[3]The parties did not stipulate the time period within which the above payments were to be made but both were content that the case be adjourned for a period of 28 days in order to execute their agreement.