Mr K Whatley v Sidmouth Care Ltd: 1402032/2021
JUDGMENT
The claim is struck out.REASONS
[1]The claimant did not have the necessary two-year qualifying period of service at the date of dismissal, as required by section 108 Employment Rights Act 1996 and so a complaint of unfair dismissal has no reasonable prospect of success.[2]His application to amend the claim to one of automatically unfair dismissal under section 103A Employment Rights Act 1996 (for making a protected disclosure) was dismissed on the basis that:a. he cannot rely on protection from the fact that other people made disclosures;b. he has not alleged that any disclosure was the principal reason for his dismissal; andc. the balance of prejudice was against allowing the application, applying the factors in Selkent Bus Company v Moore 1996 ICR 836, particularly the application of time limits and the fact that it was reasonably practicable for him to have made such a complaint in time. Employment Judge Fowell Date 3 February 2022 Judgment sent to parties: 3 February 2022 1 of 2 Case No: 1402032/2021 Note: Full reasons for the decision having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. 2 of 2