Mr J Henely v Nucleus Group Services Ltd: 1401270/2023
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 Midgley Date: 26 July 2023[1]On application from the claimant and having reconsidered the judgment of Judge Midgely dated 28 July 2023 in accordance with Rule 70-72 I revoke the strike out of the claimant’s claim for unfair dismissal.[2]I dismiss the claimant’s application to amend his claim so that it is one pursued under S100(1)(c).[3]On oral application from the respondent and having given the claimant an opportunity to make representations, and to the extent that it is necessary to do so, I strike out any remaining claim that the claimant has for unfair dismissal on the basis it stands no reasonable prospect of success.