Ms Kerry Sage v Coca-Cola European Partners Great Britain Ltd: 2301077/2019
JUDGMENT
The claim is struck outREASONS
[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. There is no basis to conclude that a contract of employment existed while she was engaged to provide work for the respondent through an agency.[4]Nor is there any basis to conclude that her dismissal was automatically unfair for complaining of any health and safety breach or protected disclosure. Despite being given the opportunity to show why her claim should not been struck out, and setting out further written details, there is no reliance on any such complaint.[5]Therefore the claimant is not entitled to bring these proceedings. Accordingly, the claim is struck out.