Mr F Blenkinsop v Commissioning Technical Services Ltd: 2304879/2020
JUDGMENT
The complaint that the claimant was unfairly dismissed and for statutory redundancy pay are struck out.REASONS
[1]The claimant complains of unfair dismissal and of entitlement to a statutory redundancy payment.[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 or a claim for a statutory redundancy payment[3]The claimant was employed by the respondent for less than two years.[4]Therefore the claimant is not entitled to bring such complaints.[5]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaints should not be struck out.[6]Accordingly, the complaint of unfair dismissal and for a statutory redundancy payment are struck out. The claimant’s other complaints are not affected by this judgment. Employment Judge Balogun Date: 12 March 2021 Case Number: 2304879/2020 (CVP Hearing) THE EMPLOYMENT TRIBUNAL SITTING AT: LONDON SOUTH BEFORE: EMPLOYMENT JUDGE HARRINGTON (sitting alone) BETWEEN: Mr F Blenkinsop Claimant and Commissioning Technical Services Limited Respondent ON: 24 March 2021 Appearances: For the Claimant: In person For the Respondent: Mr J Roddy, Paralegal Judgment The Claimant’s claims of age discrimination and for a failure to pay notice pay were brought outside the primary limitation period. The Tribunal does not extend time for bringing these claims. Accordingly, the Tribunal has no jurisdiction to consider the claims further. -----------------------------------------------------