Ms R Raimondo v Sterling Studios Ltd: 3314414/2022
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 Alliott Date: 19/3/2023[1]The Claimant’s complaint for unlawful deduction of wages is not well founded and is dismissed.[2]The Claimant’s complaint for contractual holiday pay accrued and payable on termination of her employment is well founded. The Respondent has failed to pay the Claimant’s outstanding holiday pay on termination and is ordered to pay the Claimant, the gross sum of £126.89.[3]The Claimant’s complaint of holiday pay under the Working Time Regulations 1998 is unfounded and fails. The complaint is dismissed.[4]The Claimant’s complaint that the Respondent failed to pay her contractual notice pay is not well founded and fails. The complaint is dismissed.[5]The Tribunal has no jurisdiction to consider the Claimant’s claim for defamatory dismissal.[6]Interest will accrue at the judgment rate, currently 8% from the day after the judgment unless it is paid within 14 days.