Mr D Mason v Staffordshire County Council: 1307491/2019
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 acknowledges he was providing services through a different employer until 01 November 2017. His claim was commenced in September 2019 in relation to a termination of 25 May 2019. Accordingly, he cannot have the required qualifying service to bring a claim for Unfair Dismissal and is not entitled to bring such a complaint.[4]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.[7]The claimant’s other complaints are not affected by this judgment. ________________________ Employment Judge Perry Date: 22 NOVEMBER 2019 Case No: 1307491/2019 EMPLOYMENT TRIBUNALS Claimant: Mr D Mason Respondent: Staffordshire county Council Heard at: Birmingham (by video) On: 16 & 17 January 2023 Before: Employment Judge V Jones Representation For the claimant: In person For the respondent: Mr L Rogers, solicitor[1]The claimant was an employee of the respondent within the definition contained in section 230(1) Employment Rights Act 1996 (“ERA”) between 1 November 2017 and 25 May 2019 inclusive.[2]The claimant was not an employee of the respondent as defined by s230(1) ERA at any time prior to 1 November 2017.[3]The claimant therefore lacks the length of continuous service (2 years) required by s108 ERA to bring a claim of unfair dismissal.[4]Accordingly, the tribunal has no jurisdiction to hear the claimant’s claim for unfair dismissal and that claim is struck out.[5]The claimant’s claim for damages for breach of contract is not affected by this judgment.