M Hejmanowska v Fastmove Lettings Ltd: 6021009/2024
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. Employment Judge Phil Allen Date: 2 May 2025[1]the correct identity of the respondent is “Fastmove Lettings Limited” and the response presented to the Tribunal on 17 February 2025 is accepted as the response of that company, time having been extended;[2]the complaints of breach of contract and for unpaid holiday pay due at the termination of employment are well-founded and succeed;[3]the respondent is ordered to pay to the claimant damages for breach of contract in the sum of £864.00;[4]the respondent is ordered to pay to the claimant the sum of £576.00 gross for accrued holiday pay due at the termination of her employment;[5]the respondent made unauthorised deductions from the claimant’s wages in July and August 2024, however, such has been rectified by the respondent and no order is therefore made.[6]the respondent failed to give the claimant itemised payslips during her employment but, as the deductions have been rectified, the Tribunal makes no order in this regard. Case No: 6021009/2024