M Niaraeisi v Veran Performance Ltd: 2301357/2023
JUDGMENT
The Claimant’s complaint of unfair dismissal is struck out.REASONS
[1]The Claimant complains of unfair dismissal, race and disability discrimination.[2]Section 108 of the Employment Rights Act 1996 (“ERA”) requires a claimant to have not less than two years’ service to make an unfair dismissal complaint.[3]The Claimant’s claim form stated that she had been employed from 8 March 2021 until 16 November 2022.[4]By a letter dated 18 May 2023 the Tribunal gave the Claimant an opportunity to make representations as to why the claim should not be struck out. The facts outlined in the Claimant’s response did not indicate that one of the exceptions to the Rule under section 108 ERA applies.[5]Accordingly, the complaint of unfair dismissal is struck out.[6]The Claimant’s complaints of race and disability discrimination continue.