Mr A Garside v LF&E Refrigerated Transport Ltd: 1804843/2020
JUDGMENT
The complaint that the claimant was unfairly dismissed is struck out. The remaining claims proceed to a case management hearing in October.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 such a complaint.[5]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. Employment Judge JM Wade Date: 11 September 2020 Case No: 1804843/2020(A) EMPLOYMENT TRIBUNALS Claimant: Mr A Garside Respondent: L F & E Refrigerated Transport Limited Heard: Remotely (by telephone) On: 19 February 2021 Before: Employment Judge S Shore Representation: Claimant: In person Respondent: Ms J Swales, HR Adviser[1]The claimant’s claim of failure to provide written reasons for dismissal pursuant to section 93 of the Employment Rights Act is dismissed as it has no reasonable prospects of success, because the claimant did not have two years’ continuous service with the respondent.[2]The correct name of the respondent is L F & E Refrigerated Transport Limited and the Tribunal’s records shall be amended accordingly. Note: This has been a remote hearing. The parties did not object to the case being heard remotely. The form of remote hearing was A - audio. It was not practicable to hold a face to face hearing because of the Covid19 pandemic.