Ms P S Tong v Both and Limited T/a Super Nature: 3200641/2024
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 presented in the East London Employment Tribunal on 14 March 2024. 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 22 of the Rules of Procedure.[2]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £656.25 (£12.50 per hour x 7 hours x 7.5 days = £656.25) subject to any required deductions for tax and national insurance provided that the respondent remits any such amount to His Majesty’s Revenue and Customs and accounts to the claimant for any such payment.