Mr A C Latini v AFC Bournemouth: 1400483/2025
JUDGMENT
The claim is struck out.REASONS
[1]The claimant complains of unfair dismissal.[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]The tribunal has noted the claimant’s comments in his email of 7 April 2025 and considered the “Other Information” in the claim form section (by which the tribunal assumes that the claimant refers to part 14 “Additional Information”) in accordance with that email. The tribunal has considered the entirety of the claim form. The Employment Rights Act 1996 sets out particular circumstances in which it is not necessary to have 2 year’s qualifying service. The claimant’s comments do not bring himself within those circumstances. Whilst the tribunal is sympathetic to the claimant’s personal circumstances, including his stroke, it does not have a general discretion to find in favour of a claimant in respect of an unfair dismissal claim if a claimant does not have 2 years continuous employment.[5]Therefore, the claimant is not entitled to bring these proceedings.[6]Accordingly, the claim is struck out. Approved by