Mr P Hughes and Mrs B Hughes v The Committee: 2403666/2024 and 2403667/2024
JUDGMENT
The complaint that the claimants were unfairly dismissed is struck out.REASONS
[1]The claimants complain 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 claimants were employed by the respondent for less than two years.[4]Therefore, the claimants are not entitled to bring such a complaint.[5]The claimants have failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out. The claimants said that they wished to pursue a claim for constructive dismissal, but that is a type of unfair dismissal claim and the two-year service requirement still applies.[6]Accordingly, the complaints of unfair dismissal are struck out. The claimants’ other complaints are not affected by this judgment.