Ms B Reddish v SMN Care Homes Ltd and SMN Investments Ltd: 2601627/2022
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 Broughton 18 October 2022 Case Number: 2601627/2022 1 EMPLOYMENT TRIBUNALS Claimant: Ms B Reddish Respondent:(1) SMN Care Homes Limited(2) SMN Investments Limited Heard at: Nottingham (via CVP) On: 2 February 2023 Before: Employment Judge Heathcote (sitting alone) Representation Claimant: In person Respondent: Ms J Andrew, SMN Investments Limited.[1]The Claimant's complaint that there was an unauthorised deduction from her wages by the Second Respondent is well founded and the Second Respondent is ordered to pay to the Claimant the sum of £2,940.30 gross, subject to deductions for tax and National Insurance.[2]The Claimant's complaint that the Second Respondent failed to pay holiday pay is well founded and the Second Respondent is ordered to pay to the Claimant the sum of £312.85 gross, subject to deductions for tax and National Insurance.[3]The Claimant’s remaining claims, including those against the First Respondent are dismissed.