Mr C Jones v The Social Kitchen Ltd: 2603599/2020
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 Hutchinson Date: 01 March 2021 Case No: 2603599/2020 Page 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mr C Jones Respondent: The Social Kitchen Limited Heard at: Nottingham (by CVP) On: 22 April 2021 Before: Employment Judge Ahmed (sitting alone) Representation Claimant: Mr B Barber, Solicitor Respondent: Mr A Williams, Consultant, Peninsula Business Services[1]The Respondent has made an unlawful deduction of wages and is ordered to pay to the Claimant £18,764.44 gross.[2]The Respondent is ordered to pay to the Claimant £1,728.00 gross in respect of outstanding holiday pay.[3]The Respondent is ordered to pay to the Claimant compensation/damages of £1,920.00 gross pursuant to Section 38 Employment Act 2002 in respect of a failure by the Respondent to comply with Section 1 of the Employment Rights Act 1996.