Mr A Senior v Fox Brother Ltd: 2402770/2022
JUDGMENT
The complaint of unfair dismissal is struck out. (This does not affect the claimant’s ability to pursue the remainder of the claim.)REASONS
[1]The claimant was not continuously employed for two years ending with the effective date of termination.[2]Section 108 of the Employment Rights Act 1996 places a limit on the rights of employees to bring a claim of unfair dismissal. As a general rule, employees have no right to bring such a claim unless they were continuously employed for two years ending with the effective date of termination.[3]There are exceptions to the rule in section 108. These are set out in section 108 itself. None of the exceptions appear to apply in this case.[4]By a letter dated 21 July 2022, the Tribunal gave the claimant until 4 August 2022 to show cause why his complaint of unfair dismissal should not be struck out.[5]The claimant has not replied to that letter.[6]The complaint of unfair dismissal is therefore struck out.[7]This judgment does not affect the claimant’s ability to complain that the respondent discriminated against him.