Miss K Hall v Salus Care Group Ltd: 2601732/2020
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 Adkinson Date: 25 August 2020 Case Number: 2601732/2020 EMPLOYMENT TRIBUNALS Claimant: Miss Kayleigh Hall Respondent: Salus Care Group Limited[1]The above judgment is made by Employment Judge Camp, sitting in the Midlands (East) Employment Tribunals, on his own initiative under rule 21 of the Employment Tribunals Rules of Procedure. Because the respondent’s response was rejected rule 21 means that a Judge “shall decide whether on the available material, a determination can properly be made of the claim, or part of it.”[2]The claimant provided details of what she is claiming in an email of 29 September 2020 and the above judgment is based on that information. She has not been awarded holiday pay / compensation for untaken holiday, because, unfortunately for her, there is no claim for that in her claim form. The hearing on 9 October 2020 is cancelled.[4]Finally, the Tribunal has been copied into some emails containing settlement negotiations between the claimant and the respondent. Such emails are ‘without prejudice’ and should not be provided to the Tribunal.