Ms C Balan v H Charlesworth & Co Ltd: 1804750/2023
REASONS
[1]The claimant complains of ordinary unfair dismissal under s98 of the Employment Rights Act 1996. Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to make an ordinary unfair dismissal complaint.[3]The claimant was employed by the respondent for less than two years. Therefore the claimant is not entitled to bring such a complaint. The claimant’s representative stated at the preliminary hearing on 30 January 2024 that she accepted that the claimant did not have two years’ service with the respondent.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s complaint of pregnancy discrimination (contained in her original ET1 form) is not affected by this judgment.[7]For the avoidance of doubt, the claimant’s complaint of automatically unfair dismissal related to pregnancy (set out in her amendment application of 1 September 2023) has not yet been considered by the Tribunal. Please refer to the case management orders dated 30 January 2024.