Mrs K Englefield v To Die For: 2601783/2021

EMPLOYMENT TRIBUNALS
Case No 2601783/2021
Mrs. K EnglefieldClaimantTo Die ForRespondent
Employment Judge Victoria ButlerIn person for claimantNo appearance for respondentDate 4 January 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: 21 September 2021 CASE NO: 2601783/2021 1 EMPLOYMENT TRIBUNALS Claimant: Mrs Kerry Englefield Respondents: Michelle Shaw T/A To Die For Record of a Full Hearing heard by CVP at the Employment Tribunal Heard at: Nottingham On: 14 December 2021 Before: Employment Judge Hutchinson (sitting alone) Representation Claimant: In person Respondent: No appearance Covid-19 statement: This was a remote hearing. The parties did not object to the case being heard remotely. The form of remote hearing was V – video. It was not practicable to hold a face-to-face hearing because of the Covid-19 pandemic.[1]The name of the Respondent is amended to Michelle Shaw T/A To Die For.[2]The Claimant was dismissed in breach of contract in respect of notice and the Respondent is ordered to pay to the Claimant compensation in the sum of £213.84.[3]The Respondent has not paid to the Claimant her holiday pay and is ordered to pay to the Claimant the sum of £106.92.[4]The total compensation payable by the Respondent to the Claimant is £320.76. CASE NO: 2601783/2021 2