Mr M Galvez v La Tagliata Ltd: 3200339/2020
JUDGMENT
The complaint that the claimant was unfairly dismissed and the claims for redundancy payment are struck out.REASONS
[1]The claimant complains of unfair dismissal and redundancy payment.[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 and redundancy payment are struck out. The claimant’s other complaints of termination agreement, unpaid wages and holiday pay claim will proceed.