Mr J Lubonski v Squires Gear and Engineering Ltd: 1301936/2022
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 Meichen Date: 09/08/2022 Case No: 1301936/2022 1 EMPLOYMENT TRIBUNALS Claimant: Mr J Lubonski Respondent: Squires Gear & Engineering Limited Heard at: Midlands West (Birmingham) On: 11, 12, 13 July 2023 Before: Employment Judge C Knowles Mrs R Pelter Mrs E Shenton Representation Claimant: Claimant in person, no legal representation Respondent: Mr T Squires (Director)[1]The claimant’s claims of direct discrimination because of race contrary to Section 13 of the Equality Act 2010 are not well-founded and are dismissed.[2]The claimant’s claims of harassment related to race contrary to Section 26 of the Equality Act 2010 are not well-founded and are dismissed.[3]The claimant’s claims of victimisation contrary to Section 27 of the Equality Act 2010 are not well-founded and are dismissed. EJ C Knowles 13 July 2023 Case No: 1301936/2022 2 Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.