Mr M Thomas v Smart Solutions Recruitment Ltd: 1601541/2022

EMPLOYMENT TRIBUNALS
Case No 1601541/2022
Mr M ThomasClaimant1. Smart Solutions Recruitment LTDRespondent
Employment Judge R Harfield DateDate 10 March 2023

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 under section 94.[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 under section 94.[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 under section 94 is struck out. The claimant’s other complaints are not affected by this judgment, including his claim under section 103A.