Mrs M Garbera v Appesttat Ltd: 2203868/2019
JUDGMENT
The complaint that the claimant was unfairly dismissed is struck out.REASONS
[1]One of the claimant’s complaints is 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]According to the claimant’s claim form, the claimant was employed by the respondent from 21 October 2018 to 4 April 2019, which is 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.