Mrs J Moss v K & DE Barnett & Sons Ltd: 2601344/2022
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: 3 August 2022[1]The claimant’s holiday pay claim is dismissed on withdrawal by the claimant.[2]The claimant’s claim of breach of contract (notice pay) is not well-founded and is dismissed.