Mr E Omali v Howard Tenens Logistics Ltd: 1406057/2020
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 cannot therefore bring such a complaint.[4]The Claimant’s response does not indicate a reason why the requirement for 2 years’ service should not apply. Accordingly, the complaint of unfair dismissal is struck out.[5]The Claimant is, however, nevertheless able to argue that his dismissal was an act of discrimination. That claim is not affected by this judgment.