Mr J Barker v The Chief Constable of Warwickshire Police: 1306859/2020
EMPLOYMENT TRIBUNALS
Case No 1306859/2020
Between
Mr J BarkerClaimantThe Chief Constable of Warwickshire PoliceRespondent
Before
Employment Judge PerryIn person for claimantMs H Barney (instructed by counsel) for respondentDate 17 July 2022
JUDGMENT
The unfair dismissal complaint 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 these proceedings.[5]Accordingly, the unfair dismissal claim is struck out.[6]The claimant’s discrimination complaints are unaffected and shall proceed to a preliminary hearing. Signed electronically by me Employment Judge Perry Dated: 15 November 2021 Case No: 1306859/2020 EMPLOYMENT TRIBUNALS Claimant: Mr J Barker Respondent: The Chief Constable of Warwickshire Police Heard at: Birmingham On: 4th and 5th July 2022 Before: Employment Judge V Jones Appearances For the claimant: In person For the respondent: Ms H Barney, counsel[1]The claimant has not, in his claim form, pursued a claim of discrimination based on his Christian faith. His application to amend his claim to include a complaint based on his Christian faith is dismissed.[2]The claimant’s beliefs, that he is a sovereign being with autonomy and sovereignty to make his own decisions with inalienable human rights (rights that cannot be withdrawn), a belief in the rule of law and common law including the obligation to do no harm, do not qualify for protection as “philosophical beliefs” under section 10 Equality Act 2010.[3]Accordingly, the claimant’s claims under the Equality Act 2010 are dismissed in their entirety.