Mr M Basile v Margot Bakery Ltd: 3304707/2024
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. Approved by Employment Judge Quill Date: 29 January 2025[1]The respondent breached the claimant’s contract by failing to give him 4 weeks’ notice of termination as required by his contract. The respondent has not shown that it was entitled to dismiss the claimant without notice.[2]The respondent must pay the claimant his outstanding notice pay in the sum of £1719.90. This is calculated as 4 weeks’ pay for 36 hours per week at £13.65 per hour. Credit is given for 18 hours paid for shifts worked on 8 and 11 February 2024.[3]The sum of £1719.90 is the gross sum. The respondent may pay the claimant the net sum, provided that it accounts to HMRC for tax and national insurance due on the sum and that it provides the claimant with written confirmation of the deductions made. Approved by: