Mr I Smith v The Council of the Isles of Scilly: 1406138/2020

EMPLOYMENT TRIBUNALS

Case No 1406138/2020

Between

Mr I SmithClaimant

The Council of the Isles of ScillyRespondent

Before

Employment Judge Street Date

Date 8 July 2021

JUDGMENT

The complaint that the claimant was unfairly dismissed made under under section 111 of the Employment Rights Act 1996 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.

[4]The claimant has confirmed that he is not bringing claims where there is no requirement for two years’ service.

[5]He has been given the opportunity to make representations.

[6]The claimant is not entitled to bring this complaint. The Tribunal has no jurisdiction to consider the claim and it has no prospects of success.

[7]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints under the Equality Act 2010 are not affected by this judgment.