Mr L Bell v Samuel Smith Old Brewery (Tadcaster): 1800181/2023
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 worked for an employer for at least two years before they can make an unfair dismissal complaint. There are some exceptions in certain types of automatically unfair dismissal complaints but none of those seems to apply.[3]The claimant was employed by the respondent for less than two years.[4]The Tribunal wrote to the claimant giving him an opportunity to explain why his unfair dismissal claim should not be struck out for that reason. He emailed the Tribunal asking how he could appeal against the strike-out, but he did not actually provide any argument or explanation about why his unfair dismissal complaint should not be struck out.[5]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment.