Mr R Kalaiarasan v Salisbury Poultry Midland Ltd: 1301732/2022

EMPLOYMENT TRIBUNALS
Case No 1301732/2022Venue BirminghamHearing 23 January 2023
Mr R KalaiarasanClaimantSalisbury Poultry Midland LimitedRespondent
Employment Judge HardingNo Appearance for claimantMr A Hobbs (instructed by Solicitor) for respondentDate 23 January 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 Harding Date: 02 August 2022 Case Number: 1301732/2022 1 EMPLOYMENT TRIBUNALS BETWEEN Claimant AND Respondent Mr R Kalaiarasan Salisbury Poultry Midland Limited[1]Pursuant to Section 108(1) of the Employment Rights Act 1996, the claimant’s claim for unfair dismissal is dismissed for want of jurisdiction.[2]Pursuant to Rule 37(a) and (d) of the Employment Tribunals Rules of Procedure 2013, the claimant’s claim for race discrimination is dismissed as it has no reasonable prospect of success and it is not being actively pursued.