Mr D Winskill v Smartpark and SMG Meet and Greet and Smart Vehicle Storage Ltd: 3201248/2023
JUDGMENT
[1]The complaint of unfair dismissal is struck out.[2]The claim for unpaid wages continues to a hearing.REASONS
[1]A hearing was listed to clarify the unfair dismissal claim today but the Claimant did not attend and take that opportunity.[2]I have decided that it is clear from the claim form that the Claimant’s complaints about wages came after he was dismissed.[3]Section 108 of the Employment Rights Act 1998 requires that an employee has two years of continuous employment before he has the right to complain about unfair dismissal.[4]The Claimant did not have two years’ employment. He was employed, on his own case, from 2 May 2023 to 7 May 2023.[5]I therefore strike out the unfair dismissal claim as having no reasonable prospect of success. Case Number: 3201248/2023 2[6]The unpaid wages claim continues to a final hearing on 9 January 2024 at 12 noon. Employment Judge Moor 26 October 2023 Case Number: 3201248/2023 1 EMPLOYMENT TRIBUNALS Claimant: Mr D Winskill Respondents:(1) Smartpark and SMG Meet and Greet(2) Smart Vehicle Storage Limited Heard at: East London Hearing Centre On: 9 January 2024 Before: Employment Judge Gardiner (by CVP) Representation Claimant: did not attend Respondents: (1) did not attend (2) Stuart Quinn, Director