Mrs E Mason v Yorkshire Housing: 1804935/2021
JUDGMENT
The claim 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.[3]The claimant was employed by the respondent for less than two years.[4]Therefore the claimant is not entitled to bring these proceedings.[5]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint of unfair dismissal should not be struck out. Nor has the claimant identified any actionable breach of contract which would entitle her to claim damages for any further period it would have taken to follow a contractually binding procedure prior to dismissal, such that she ought to be given leave to amend to include an alternative claim in this respect; it is accepted that she was not wrongfully dismissed in breach of the notice requirements.[6]Accordingly, the claim is struck out.