Mr N Marques v Wettons Cleaning Services Ltd: 2301802/2024
JUDGMENT
The complaint of unfair dismissal is struck out.REASONS
[1]According to the claim form, the claimant had less than two years’ service at the time his employment ended.[2]A notice was sent to the claimant on 19 February 2024 notifying him that it is generally necessary to have two years’ service in order to bring a claim of unfair dismissal and giving him until 4 March 2024 to set out in writing any reasons why his complaint of unfair dismissal should not be struck out. No response was received to that letter.[3]At this hearing, the claimant provided documentation showing that he was dismissed without notice by letter dated 13 November 2023.[4]There are limited exceptions to the two-year rule, such as where a person is dismissed for raising health and safety matters or for asserting a statutory right, but no such exception was raised. The claimant’s case is that the respondent did not follow a fair process before dismissing him.[5]Although the claim form also included mention of ‘other payments’, no such payments, such as unpaid wages, could be identified. 1 of 2 Case Number 2301802/2024[6]Accordingly, the claim is confined to a complaint of unfair dismissal and that complaint is now struck out.