Mr M Douglas v Surface Processing Solutions Ltd: 1304284/2024
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. Approved by Employment Judge Meichen Date: 12 March 2025[1]The Respondent’s application to strike out the Claimant’s complaint of breach of contract (wrongful dismissal) on the basis that it has no reasonable prospect of success is refused.[2]The Respondent’s application for a deposit order in respect of the same complaint on the basis that it has little reasonable prospect of success is also refused.[3]The complaint will be determined at a Final Hearing, details of which have been notified to the parties separately. Note: This was a remote hearing. The parties did not object to the case being heard remotely. The form of remote hearing was video.