C A Walmsley v The Inn at Grasmere Ltd: 2402658/2024
JUDGMENT
The complaints that the claimant was unfairly dismissed and about a failure to provide written reasons for dismissal are struck out.REASONS
[1]The claimant complains of unfair dismissal and of a failure to provide written reasons for his 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]Section 92(3) of the Employment Rights Act 1996 requires a claimant to have not less than two years’ service to complain of a failure to provide written reasons for dismissal.[4]The claimant was employed by the respondent for less than two years. 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 these complaints should not be struck out. Accordingly, the complaints of unfair dismissal and of a failure to provide written reasons are struck out.[6]The claimant’s other complaint, of breach of contract, is not affected by this judgment.