Mr A Kaneshakuganathan v Sainsbury's Supermarkets Ltd: 2303060/2024
JUDGMENT
The Claimant’s claim of unfair dismissal is struck out.REASONS
[1]The Claimant complains of unfair dismissal.[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 he had been employed from 28/01/2022 until 05/01/2024.[4]On 8 May 2024 the Respondent applied to strike out the Claimant’s claim on the basis that he did not have the required 2 years’ service.[5]The Claimant wrote to the Tribunal on 12 May 2024 saying that he wanted the hearing to go ahead as the Respondent had rushed the dismissal, the appeal was pending and he still did not have the reasons for his dismissal.[6]By letter dated 15 May 2024 the Tribunal gave the Claimant an opportunity to make representations as to why the claim should not be struck out and set out the requirement under s.108 ERA. The Claimant responded on 28 May 2024 by attaching his email of 12 May 2024.[7]Parliament decided that employees must have two years’ service to bring complaints of unfair dismissal in the Employment Tribunal, apart from where certain exceptions arise. The submissions outlined in the Claimant’s response did not indicate that one of the exceptions to the rule under section 108 ERA applies. The Employment Tribunal therefore cannot hear his claim. Case No: 2303060/2024[8]Accordingly, the complaint of unfair dismissal is struck out and the hearing listed for 22 and 23 January 2025 will not go ahead.