Mr K S Copeland v S Carrol and SMC Express Ltd: 1809007/2023

EMPLOYMENT TRIBUNALS
Case No 1809007/2023
Mr K Stapleton CopelandClaimantScott Carrol / SMC Express LtdRespondent
Employment Judge BrightDate 8 July 2024

JUDGMENT

The complaint that the claimant was unfairly dismissed 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 such a complaint.[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 complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. Employment Judge Bright Date: 1 May 2024 Case No: 1809007/2023 4.17 Rule 21 judgment – universal template. September 2017 EMPLOYMENT TRIBUNALS Claimant: Mr K Stapleton Copeland Respondents:(1) SMC Express Ltd(2) Scott Carroll[7]The claim for direct race discrimination against the First Respondent and the Second Respondent succeeds.[8]The claim for harassment related to race against the First Respondent and the Second Respondent succeeds.[9]The amount of compensation to which the claimant is entitled for the unlawful discrimination and harassment will be determined at a Remedy Hearing.