J Pritchard v The Original Software Group Ltd: 2400852/2022

EMPLOYMENT TRIBUNALS
Case No 2400852/2022
Jason PritchardClaimantThe Original Software Group LimitedRespondent
Employment Judge Phil AllenIn person for claimantMr Harris (instructed by Counsel) for respondentDate 20 January 2023

JUDGMENT

The complaint that the claimant was unfairly dismissed is struck out.

REASONS

[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.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. Employment Judge Phil Allen Date: 15 August 2022[1]The claimant is found not to have been a disabled person. Following this finding, the claimant’s claims of discrimination relying on the characteristic of disability were dismissed.[2]The claimant’s claim seeking a declaration that an unlawful deduction from his wages for the period from 15-21 November 2021 was dismissed on withdrawal by the claimant.[3]For the avoidance of any doubt, the claimant’s claim relating to unpaid pension contributions is not affected by this judgment and will proceed to a final hearing.