Mr N Barnes v Curry’s Group Ltd: 2303384/2024
JUDGMENT
The complaint of unfair dismissal is struck out. The other complaints continue.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’s case as set out in their claim form is that their employment began on 27 November 2023 and terminated on 15 March 2024. The claimant’s employment therefore lasted for less than two years.[4]The claimant has not responded to the Tribunal’s letter of 24 May 2024 requiring them to give reasons why their complaint of unfair dismissal should not be struck out.[5]In light of the claimant’s failure to respond, I conclude that the claimant has insufficient service to bring a complaint of unfair dismissal. Accordingly, their complaint of unfair dismissal has no reasonable prospect of success and is struck out on that basis under Rule 37 of the Employment Tribunal’s Rules of Procedure.