Mr M Hicks v PowerFal Ltd: 1402687/2021

EMPLOYMENT TRIBUNALS
Case No 1402687/2021
Mr M HicksClaimantPowerFal LimitedRespondent
Employment Judge Smail DateDate 24 September 2021

JUDGMENT

[1]The complaint that the claimant was unfairly dismissed is struck out.[2]The claims of disability discrimination continue.

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]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.