Mr C Varga v The Castle Tavern (Oxford) Ltd: 3313705/2022

EMPLOYMENT TRIBUNALS
Case No 3313705/2022
Mr C VargaClaimantThe Castle Tavern (Oxford) LtdRespondent
Employment Judge AnstisIn person for claimantMr Neil McDonald for respondentDate 30 October 2023

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. Employment Judge Anstis Date: 6 February 2023[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £175.00.[2]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £1166.67.[3]The respondent failed to provide to the claimant with a statement of terms and conditions of employment pursuant to section 1 Employment Rights Act 1996 and is ordered to pay to the claimant the sum of £2000.00 pursuant to section 38 Employment Act 2002.