G Alderson v Rossendale Borough Council: 2402423/2024
JUDGMENT
Upon hearing from the parties, the judgment of the Tribunal is that the complaint that the claimant was unfairly dismissed is struck out.REASONS
[1]By a claim form presented on 21 April 2024, the claimant complained of unfair dismissal.[2]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than 2 years’ service to make an unfair dismissal complaint except in certain limited circumstances.[3]The claimant was employed by the respondent for less than 2 years. Therefore, the claimant is not entitled to bring such a complaint except in certain limited circumstances.[4]The claimant has failed to identify any circumstances to support a claim of automatic unfair dismissal for which the 2 years’ qualifying service does not apply and has failed to give an acceptable reason, despite being afforded the opportunity to do so, why the unfair dismissal complaint should not be struck out. Accordingly, the complaint of unfair dismissal is struck out.[5]The claimant’s other complaints, of breach of contract for notice pay and for holiday Case Number: 2402423/2024 pay due at the termination of his employment, are not affected by this judgment and shall proceed to hearing on 12 November 2024.