Ms E Domagala v Eunice Artisan Bakery Ltd: 3305188/2018
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 and she does not allege that the reason for dismissal was one to which the requirement for two years service does not apply.[4]Therefore the claimant is not entitled to bring such a complaint.[5]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints, including her claim that she was constructively dismissed and that this was an act of sex discrimination, are not affected by this judgment. ________________________ Employment Judge Foxwell Case No: 3305188/2018 1.18 UDL – length of service - strike out judgment -.part claim Date: 29 March 2019[1]It is declared that the Respondent unlawfully discriminated against the Claimant by sexual harassment of her; and[2]The Respondent is ordered to pay to the Claimant compensation of £8,915.40 to include:(a) compensation for injury to feelings assessed at £8500; and(b) an additional award pursuant to section 38 Employment Act 2002 of £415.40.[3]It is declared that the Respondent unlawfully deducted the sum of £120 from the Claimant’s wages; and[4]The Respondent is ordered to pay the said sum of £120 to the Claimant.