Mr H Mistry v Mcqueens Dairies Ltd: 1800279/2022
JUDGMENT
The claim is struck out.REASONS
[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 this claim.[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 claim is struck out. Employment Judge Cox Date: 14 February 2022[1]The Claimant application is based on a misunderstanding of the law. The legal duty to self-isolate and the right to complain of unfair dismissal are two distinct legal principles. Even if the Claimant was dismissed because he was complying with his duty to self-isolate, he still needs two years’ service to complain of unfair dismissal on that ground.[2]As the Tribunal does not consider there to be any reasonable prospect of its Judgment being varied or revoked, the Claimant’s application for reconsideration is refused under Rule 72(1) of the Tribunal’s Rules of Procedure.