Mr T Smith v Jaines Seafood: 2604306/2020
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 Swann Date: 22/12/2020 Case Number: 2604306/2020 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mr T Smith Respondent: Jaines Seafoods Limited Heard via Cloud Video Platform On: 14 April 2021 Before: Employment Judge Brewer Representation Claimant: Ms L Hanley Respondent: Mr G Olley[1]The claimant’s claim for unlawful deductions/breach of contract in respect of unpaid notice pay fails and is dismissed.[2]The claimant’s claim for unlawful deductions in respect of unpaid holiday pay fails and is dismissed.[3]The claimant’s claim for unlawful deductions in respect of unpaid overtime succeeds. The respondent shall pay to the claimant the sum of £170.85 less any National Insurance contribution and PAYE tax.[4]The claimant’s claim for “other payments” is dismissed on withdrawal.