Miss FG Wood v Merseyrail: 2405982/2019

EMPLOYMENT TRIBUNALS
Case No 2405982/2019
Miss FG WoodClaimantMerseyrailRespondent
Employment Judge BuzzardIn person for claimantMr C Baker - solicitor for respondentDate 23 October 2019

JUDGMENT

The complaint that the claimant was unfairly dismissed is struck out.

REASONS

[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 claimant was employed by the respondent for less than two years.[4]Therefore the claimant is not entitled to bring such a complaint.[5]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. Employment Judge Buzzard Date: 26 September 2019[1]The respondent has breached the claimant’s contract of employment and her claim succeeds.[2]The claimant is awarded no damages as her contract provides that respondent may terminate the contract by providing one weeks’ notice at any time and she has been paid such sums due to her.