Miss D Fanthorpe v Nayeema Ltd: 2601432/2023
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 Hutchinson Date: 10 October 2023 CASE NO: 2601432/2023 1 EMPLOYMENT TRIBUNALS Claimant: Miss Diane Fanthorpe Respondent: Nayeema Ltd Record of a Hearing by CVP at the Employment Tribunal Heard at: Nottingham Heard on: 23 February 2024 Before: Employment Judge Hutchinson (sitting alone) Appearances: Claimant: Miss Amanda Shaw, Claimant’s sister Respondents: No appearance[1]The Respondent has made unauthorised deductions from the Claimant’s wages and must pay the Claimant £1,455.84 gross.[2]The Claimant was dismissed in breach of contract in respect of notice and the Respondent must pay damages to the Claimant in the sum of £207.00. CASE NO: 2601432/2023 2[3]The Respondent has failed to pay the Claimant’s holiday entitlement and must pay the Claimant £809.06.[4]The Respondent must pay the Claimant £2,471.90 in total.