S Ewart v GLAS: 2206877/2020
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. Her letter sent to the Tribunal on 5 January 2021 does not allege facts which could give rise to a claim for automatic unfair dismissal, to which the 2 year service requirement would not apply[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints of wrongful dismissal/ breach of contract are not affected by this judgment and will be considered at the Hearing on 24 February 2021, for 1 day.