Mr M Boillat v United Response: 1402415/2019
JUDGMENT
The complaint that the Claimant was unfairly dismissed 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 and is not, therefore, not entitled to bring such a complaint.[4]The Claimant has failed to give an acceptable reason why the complaint should not be struck out, despite having been given the opportunity to do so. Not only has the Claimant confirmed that he provided work for the Respondent for less than two years, but he has also confirmed that for a significant period within that time, he undertook work through an agency.[5]There is no other reason given which would enable the Claimant to pursue his claim for unfair dismissal with less than two years’ service.[6]Accordingly, the complaint of unfair dismissal is struck out. The Claimant’s other complaints are not affected by this judgment. Employment Judge Livesey Date: 14 June 2019 Judgment sent to parties: 17 June 2019 FOR THE TRIBUNAL OFFICE Case No: 1402415/2019 6.8 Judgment on Withdrawal rule 52 EMPLOYMENT TRIBUNALS Claimant: Mr M Boillat Respondent: United Response