P Broadbelt v A Dogs Day Out Exeter Ltd (In Creditors Voluntary Liquidation): 6002121/2024

EMPLOYMENT TRIBUNALS
Case No 6002121/2024Venue CHAMBERS AT PlymouthHearing 23 September 2024 THE TIME FOR PRESENTING A RESPONSE HAVING EXPIRED AND NO VALID RESPONSE HAVING BEEN PRESENTED JUDGMENT UNDER RULE 21 1. The claimant’s claim for breach of contract is well founded and the respondent is ordered to pay the claimant one week’s notice pay in the net sum of £576.00; and 2. The claimant’s claim for accrued but unpaid holiday pay is well founded and the respondent is ordered to pay the claimant 12 days’ pay in the gross sum of £1,152.00; and 3. The hearing on 23 January 2025 is cancelled.
Between
Petra BroadbeltClaimantA Dogs Day Out Exeter Limited (In Creditors Voluntary Liquidation)Respondent
Before
Employment Judge N J Roper DatedDate 23 September 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.[1]The claimant’s claim for breach of contract is well founded and the respondent is ordered to pay the claimant one week’s notice pay in the net sum of £576.00; and[2]The claimant’s claim for accrued but unpaid holiday pay is well founded and the respondent is ordered to pay the claimant 12 days’ pay in the gross sum of £1,152.00; and The hearing on 23 January 2025 is cancelled.