Mr G Larocca v Morgan Sindall Property Services Ltd: 2216380/2023
EMPLOYMENT TRIBUNALS
Case No 2216380/2023
Between
Mr. Giovanni LaroccaClaimantMorgan Sindall Property Services Ltd. Hearing: Open Preliminary HearingRespondent
Before
Employment Judge TinnionDate 7 June 2024
JUDGMENT
[1]The Claimant’s claim of unfair dismissal under ss.94-98 of the Employment Rights Act 1996 against the Respondent is struck out under Rule 37(1)(a) (no reasonable prospect of success) because the Respondent did not employ the Claimant for a period of at least 2 years.
REASONS
[2]By his ET1 presented on 12 November 2023, the Claimant (a litigant in person) presented a claim of unfair dismissal against the Respondent, his former employer, under ss.94-98 of the Employment Rights Act 1996.[3]In order for that claim to succeed, the Claimant was required to establish that he have been employed by the Respondent for a minimum period of at least 2 years.[4]The Claimant’s ET1 stated he had been employed by the Respondent from 12 September 2022 until 4 September 2023, a period of just under a year. The Respondent’s ET3 agreed it employed the Claimant from 12 September 2022 until 4 September 2023.[5]The parties therefore agreed the Claimant had been employed by the Respondent for less than 2 years.[6]Because the Claimant was employed by the Respondent for less than 2 years, the Claimant’s unfair dismissal claim against the Respondent has no prospect of success. It is appropriate to strike it out under Rule 37(1)(a). Case No: 2216380/2023 2 of 2 NOTE[7]Tribunal judgments are published online after they are sent to the parties. Signed (electronically):