Miss L Turner v Kent Gurkha Company Ltd: 2307512/2023

EMPLOYMENT TRIBUNALS

Case No 2307512/2023

Between

Miss L TurnerClaimant

Kent Gurkha Company LtdRespondent

Before

Employment Judge Curtis Date

Date 21 January 2025

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]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out. Any claim that the dismissal was an act of discrimination is not an unfair dismissal claim under the Employment Rights Act 1996; it is a claim of discrimination under the Equality Act 2010.

[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment.