Miss S York v N Rowson: 2601861/2022
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.[1]The claim was issued in the [Midlands (East)] Employment Tribunals on [17/8/22]. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £8,855 gross.[3]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £1481.20.[4]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £954.50.[5]Claims for injury to feelings, purchase of clothes and “losses” are dismissed. There is no claim for discrimination presented to the Tribunal and so no jurisdiction to make an award for discrimination. There is no quantification of “losses” or legal basis advanced for the costs of purchasing clothes. The claims presented do not grant the Tribunal to make the awards that the claimant seeks. All future hearings are cancelled.