Mr D Pilkington v Broadfield Specialist School and Lancashire County Council: 2405033/2017

EMPLOYMENT TRIBUNALS
Case No 2405033/2017
Mr D PilkingtonClaimantBroadfield Specialist School and Lancashire County CouncilRespondent
Employment Judge Tom RyanDate 21 August 2018

JUDGMENT

The claimant’s complaint of unfair dismissal is struck out on the ground that he did not have two years’ service and for that reason had not acquired the right not to be unfairly dismissed.

REASONS

[1]The claimant had presented a complaint of unfair dismissal.[2]By a letter dated 14 September 2017 the claimant was informed that it appeared he was not entitled to bring a claim of unfair dismissal on the ground that he was employed to lesson two years.[3]The claimant was informed that unless he gave reasons in writing why that complaint should not be struck out by 2 October 2017 a judge was proposing to strike it out.[4]The claimant did not write to the tribunal by that date. At the preliminary hearing he did not argue that the complaint of unfair dismissal should not be struck out and judgment to that effect is given for that reason. Case No. 2405033/2017 2 ________________________________ Employment Judge Tom Ryan Date 16 November 2017 Broadfield Specialist School[2]Lancashire County Council PRELIMINARY HEARING Heard at: Manchester On: 18 July 2018 Before: Employment Judge Aspden REPRESENTATION: Claimant: Respondents: In person Mr T Wood, Pupil Barrister[1]The claimant would have a reasonable prospect of establishing that the respondent withdrew a promise to offer him the next suitable vacancy for a male teaching assistant.[2]Nevertheless, the complaint of discrimination was not presented in time and it is not just and equitable to extend time for bringing the claim. That being the case, the Tribunal does not have jurisdiction to hear the claimant's complaint of discrimination, which is therefore dismissed.