Ms S Siwek v Whitbread Group plc: 2301395/2018
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]None of the statutory exemptions to the requirement for 2 years’ service are engaged. Notice was given to the Claimant to identify the exemption relied on but the response, dated 18 August 2018, does not identify a valid exemption and does not request a hearing.[6]Accordingly, the complaint of unfair dismissal is struck out. The Claimant’s other complaints are not affected by this judgment. Regional Employment Judge Hildebrand Dated: 2 November 2018 Case No: 2301395/2018 EMPLOYMENT TRIBUNALS Claimant: Ms S Siwek Respondent: Whitbread Group PLC