Mr F Van Staden v Luftavia Ltd: 3306085/2024
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 S Cowen Date: 7 February 2025[1]The complaint of breach of contract in relation to wages and notice pay is well-founded.[2]The respondent shall pay the claimant £1734.57 as damages for breach of contract. This figure has been calculated using gross pay. The claimant is responsible for the payment of any tax or National Insurance.[3]The respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. It is just and equitable to make an award of an amount equal to 4 weeks gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant the sum of £2800.[4]The total sum to be paid by the respondent to the claimant is £4534.57. . Approved by: