Mr M Maxwell v ISW Assessments Ltd: 6017690/2024
JUDGMENT
The complaint of unfair dismissal is struck out.REASONS
[1]The claim includes a complaint of unfair dismissal. However, section 108 of the Employment Rights Act 1996 requires a claimant to have not less than 2 years’ service to make an unfair dismissal complaint.[2]The claimant was employed by the respondent for less than 2 years. Therefore, the claimant is not entitled to pursue a complaint of unfair dismissal.[3]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why his unfair dismissal complaint should not be struck out for lack of jurisdiction. Accordingly, the complaint of unfair dismissal is struck out.[4]The claimant’s other complaints are not affected by this judgment and shall proceed to hearing. Employment Judge Batten Date: 19 February 2025 Case Number: 6017690/2024[1]The Claimant was not an employee or worker of the Respondent within section 230 of the Employment Right Act 1996. Accordingly, the Tribunal does not have jurisdiction to hear the complaint of unauthorised deduction from wages.[2]The complaint of unauthorised deduction from wages is dismissed.