Miss K Ashby v Solo Protect Ltd: 1805564/2018
JUDGMENT
[1]The claimant was not dismissed for a health and safety reason pursuant to Employment Rights Act 1996, section 100(1)(d).[2]Nor was the claimant dismissed for a reason related to time off under section 57A of the same Act because at the material time the claimant did not have the right she contends for, time off pursuant to section 57A(1)(d).[3]For the avoidance of doubt the Tribunal did not have jurisdiction to consider an “ordinary” unfair dismissal complaint because the claimant’s length of service did Case No: 1805564/2018 not give her the right not to be unfairly dismissed (save for automatically unfair - reasons which did not exist in this case).